You Might Be Thinking…

“With a used car, I just have to expect problems – there’s nothing I can do.”
Not true. Under the Civil Code, a hidden defect is still a defect in a used item if it exceeds normal wear and tear or was concealed by the seller.

Clients Often Ask Me…

• How do I know if it’s a hidden defect or just ordinary wear and tear?

• How long do I have to file a claim?

• Must the seller refund me if the car was previously crashed?

• Can I demand repair, a price reduction, or withdraw from the contract?

• How do I prove the defect existed at the time of purchase?

Legal Framework in Brief

• Civil Code §§ 2095–2097: The seller must deliver the item in the agreed quality and condition.

• § 2099 Civil Code: The car is defective if it lacks the properties set by the contract or law.

• § 2100 Civil Code: The defect must exist at the time of transfer of risk (even if it manifests later).

• §§ 2106–2107 Civil Code: The buyer may demand repair, a price reduction, replacement, or withdrawal.

• § 2112 Civil Code: Hidden defects must be reported without undue delay, at the latest within 2 years of delivery.

How to Proceed with Hidden Car Defects

1. Timely Complaint

• File a written claim (email + registered letter).

• Include a description of the defect, when it appeared, and what remedy you are seeking.

2. Evidence

• Service reports, photographs, expert opinions.

• Proof of previous accidents or odometer tampering is key.

3. Possible Remedies

• Repair at the seller’s expense.

• Price reduction.

• Withdrawal from the contract and refund (in case of a material breach).

4. Dispute with the Seller

• If the seller refuses, issue a formal pre-litigation notice.

• Czech courts often grant a price reduction or allow withdrawal if a major defect or accident is proven.

Risks and Common Mistakes

• No written complaint → no proof in court.

• Trusting “as is” clauses → they do not exclude liability if defects were concealed.

• Delay → claims must be made without undue delay.

• Insufficient evidence → saying “the car didn’t run well” is not enough.

Lawyer’s Checklist

✔ Always file a written complaint.
✔ Obtain a report from an authorized service center.
✔ Gather as much evidence as possible (photos, reports).
✔ Don’t hesitate to demand withdrawal for serious defects.

FAQ

What if the seller says the car was sold “as is”?
Such a clause does not remove liability – the seller is still responsible for hidden defects.

Do I have to claim immediately?
Yes, without undue delay, and no later than 2 years after delivery.

Can I get a full refund of the purchase price?
Yes, if the defect constitutes a material breach (e.g., odometer fraud, frame accident).

Do I lose my rights if I keep using the car?
No, but the amount of refund or price reduction may be reduced by your usage.