Consumer Sales and Guarantees Directive, Article 2, 2., (d)

A private seller sold his used boat (17 years old) to a private buyer. Because of the Danish intermediary rule, this is a consumer contract because it was intermediated by an active intermediary business. After one month, a defect was detected making the boat unable to sail without repairs being carried out. Even though the defect appeared after only one month, the Supreme Court argued that there was no lack of conformity, as it could be expected that a 17-year-old boat, regarding this specific defect caused by normal wear and tear, would need repair regularly.

A contract between two private parties is a consumer contract because of the intermediary rule. The buyer buys a 17-year-old boat from the seller and sails a very short trip to its dock space. Approximately one month later, the buyer detects a defect on the boat on a part that has a lifetime of about 8-10 years. The buyer wants to annul the contract.

Is it a lack of conformity when a 17-year-old boat shows a defect one month after delivery in a part that has I lifetime of only 8-10 years?

The Supreme Court ruled that there was no lack of conformity. They argued that unless otherwise agreed, a buyer of used goods must attune his expectations to the good based on how old the good is, former use and that he cannot claim defects that are a result of normal wear and tear and age. It is random at what time such defects appear. This particular defect was the result of normal wear and tear and thus, not a lack of conformity.

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Ingen resultater

Ingen resultater

The Supreme Court upheld the decision of the Regional Court who had rejected the City Court’s decision. Through this judgement, the court establishes that no matter how early on a defect appears after delivery, the evaluation of whether there is a lack of conformity at the time of delivery of a used good must encompass the reasonable expectations one should have based on how old the good is and on the former use of the good. Thus, defects caused by normal wear and tear are not a lack of conformity.