Defects After Vehicle Purchase – Your Rights and Correct Procedure
You bought a vehicle and then discover defects? In Switzerland, as a buyer you have clear rights – but only if you act correctly and quickly. This guide explains step by step what to do.
Key Points at a Glance
Report defects immediately in writing (registered letter). Check claims: rescission, price reduction or damages. Technical expertise for evidence preservation recommended. For larger amounts in dispute, a legal assessment is worthwhile.
1. File Notice of Defects Immediately
Time Pressure
As soon as you discover a defect in the purchased vehicle, you must inform the seller immediately in writing. This so-called notice of defects is the prerequisite for asserting your rights.
- Describe the defect as precisely as possible
- Send by registered letter to the seller
- Take photos and videos of the defect
- Secure the purchase contract and all documents
- Do not have the vehicle repaired without authorisation
Important: Do not have the vehicle repaired before the defect has been documented and the notice of defects has been sent. A premature repair can worsen the evidence situation.
2. Check Claims
Swiss law of obligations (OR 197ff) gives you as a buyer various options in case of defects:
Rescission
Reversal of the purchase: you return the vehicle and receive the purchase price.
Price Reduction
You keep the vehicle but receive part of the purchase price back.
Damages
Compensation for consequential damage caused by the defect (e.g. towing costs).
Error (OR 23ff)
Contract challenge for incorrect vehicle condition – e.g. when an accident vehicle was sold as accident-free.
Which claim is right depends on the type and severity of the defect. For larger amounts in dispute, a professional assessment is worthwhile.
3. Vehicle Expertise Necessary?
A technical expertise by an independent vehicle expert is often the key to enforcing your claims. It serves as:
- Evidence Preservation – Neutral documentation of the defect
- Cost Quantification – Objective assessment of repair costs
- Negotiation Basis – Factual basis for discussions with the seller
- Court Suitability – Usable as evidence in court
A technical expertise is particularly recommended when the seller disputes the defect or the cause is unclear. The expert can determine whether the defect existed before the purchase.
When is a professional expertise worthwhile?
An independent vehicle expertise can make a difference in many situations. It is particularly useful when:
- The cause of damage is unclear or disputed
- The insurance reduces or refuses payment
- You need a neutral, independent assessment
- High amounts are involved (over CHF 3,000)
- You need a court-admissible report
We exclusively mediate independent, qualified vehicle experts in Switzerland.
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