Claiming a purchase car without a particulate filter?

Questioner

On June 21, 2017, I bought a second-hand diesel car without a warranty. In the second half of October, I discovered that it did not have a particulate filter. Because I was not told this before the purchase, I feel misled and I want to hold the car company liable for this “change to the construction of the car”, as it is called in Chapter 6 of the Vehicle Regulations, and demand that this be undone at their expense. In addition, to my knowledge, no note has been made with the RDW, based on the tax that I pay. Can I hold the company liable? Or are there other solutions?

Lawyer

In the case of error, there is an incorrect representation of the facts. An agreement that was concluded under the influence of error and that would not have been concluded – or not on the same terms – if the facts had been correctly represented, can be annulled on the grounds of error if the other party should have informed the person in error of what it knew or should have known about the error, according to article 6:228 paragraph 1 opening sentence and under b of the Civil Code.

Questioner

Thanks for this (rather difficult) answer. The question remains for me whether the other party should have informed the erring party about the absence of the particulate filter.

Lawyer

Indeed, the seller should have informed you about the absence of the particulate filter. You can still speak to him about it.

Lawyer

There are diesel cars that are not equipped with a particulate filter and where removal of the filter is not (or was not) punishable. However, if you have agreed with the seller or shown that a particulate filter of the car is essential for you, the purchase can be dissolved on the grounds of error. The seller can be informed of this in writing. For more information or help, you can also contact me directly and without obligation.

Questioner

Thanks for this (rather difficult) answer. The question remains for me whether the other party should have informed the erring party about the absence of the particulate filter.

Lawyer

Indeed, the seller should have informed you about the absence of the particulate filter. You can still speak to him about it.