A bill that, among other things, regulates that the ‘legal guarantee’ will be increased from six to twelve months, was passed by the House of Representatives last Tuesday. The plan is to have the law go into effect before the summer recess. However, the law must first be discussed in the Senate.
Formally, this is not about extending what is popularly called the ‘legal guarantee’, but about extending the reversal of the burden of proof in the case of ‘legal guarantee’. This means that in the first 6 (and later 12 months) after purchase, the selling party must demonstrate that the complaint is unjustified in the event of a complaint from the buyer. If that is not possible, the seller must solve the problem on time and without any inconvenience.
In general terms, the legal conformity rules, popularly referred to as ‘legal warranty’, say that a purchased product must do what the buyer can reasonably expect from it.
A faulty product is then a product that has not been used during normal use. A fairly vague concept, but one on which that legal guarantee is based. In practice this means that during that ‘legal warranty’ period it is up to the dealer to demonstrate that the defect could reasonably have been foreseen. If he cannot do this, he is obliged to solve the problem.
With the adoption of the ‘Implementation Act guidelines for the sale of goods and the supply of digital content’ by the House of Representatives, the ‘legal guarantee’ is extended from 6 to 12 months. The plan is for the law, which was passed by the House of Representatives this week, to enter into force at the beginning of July. Before that, the law must first be discussed in the Senate.
– Thanks for information from Motorfreaks.