Car Dealer Refuses Recall in Netherlands — Your Rights

It's frustrating when a car dealer refuses to carry out a recall or safety update on your vehicle in the Netherlands. This can create dangerous situations and violates your consumer rights. Fortunately, you're not powerless — Dutch law provides strong tools to force dealers to fulfil their obligations. We'll explain your rights and how to take action.

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What's the situation?

A recall (terugroepactie) is carried out when safety problems are discovered in certain cars. The manufacturer is then legally obliged to inform owners and fix the problem free of charge. Under Dutch law, dealers are required to perform these recalls, but sometimes they refuse without valid reason. This can happen due to miscommunication, workload pressure, or because they think the recall isn't necessary. Some dealers also try to charge costs that should actually be free.

What does Dutch law say?

Dutch and European legislation requires car manufacturers and dealers to properly execute recall actions. This is covered by the Road Traffic Act (Wegenverkeerswet) and EU regulations. The RDW (Netherlands Vehicle Authority) supervises compliance with these obligations. Dealers cannot simply refuse to carry out a recall.

1Road Traffic Act (Wegenverkeerswet) Article 13: Vehicles must meet technical requirements and safety standards

2EU Regulation 2018/858: Manufacturers are obliged to report defects and remedy them via recalls

3Dutch Civil Code (Burgerlijk Wetboek) Article 6:74: Service providers must perform their services properly

What are your rights?

As owner of a car covered by a recall action, you have strong rights under Dutch law. The dealer cannot simply refuse these.

1Right to free repair: The recall must be carried out free of charge, including parts and labour

2Right to timely execution: The dealer must schedule an appointment within a reasonable timeframe

3Right to replacement mobility: For lengthy repairs, you may be entitled to a replacement vehicle

4Right to compensation: If refusal leads to damage, you can claim this from the dealer

What can you do now?

Follow these steps to get the dealer to carry out the recall action:

1Step 1: Contact the dealer in writing and refer to the recall number from the RDW

2Step 2: File a formal complaint with the head office or main branch of the dealer company

3Step 3: Report the refusal to the RDW via their website or by phone — they can address the dealer

4Step 4: Get legal help or go to court if the dealer continues to refuse

Sample letter or template

MijnRecht.AI can help you draft a strong letter formally putting the dealer in default. This letter references the correct legal articles and threatens follow-up steps if the recall is not carried out. This increases the chance that the dealer will cooperate after all.

Where can you get help?

For this situation in the Netherlands, you can turn to various institutions: Het Juridisch Loket (Legal Counter) for free advice, the RDW for reporting uncooperative dealers, the disputes committee of industry organisation BOVAG or VNA, and ultimately the courts for a penalty payment (dwangsom) or compensation.

Conclusion

A dealer who refuses a recall action is acting contrary to Dutch law and your consumer rights. With the right approach and pressure from supervisory authorities, you can usually get the dealer to carry out the recall after all. Don't give up — your safety is at stake.

Frequently Asked Questions

Can a dealer charge costs for a recall action?

What if my car is no longer under warranty?

Can I go to any dealer of the brand?

How do I know if there's a recall for my car?

What if I suffered damage by delaying the recall?

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