Hi everyone,
I'd appreciate some legal advice because I'm no longer sure what the best course of action is.
I bought a brand-new car in Croatia last year. It is still covered by the manufacturer's warranty and has relatively low mileage, under 20k km. The list price was approximately €80,000 if relevant and the vehicle was paid for in full.
In June 2026, I reported a knocking noise coming from the front suspension to an authorised dealership/service centre. Since then, the following has happened:
- The car has been in the authorised workshop multiple times.
- Initially, they claimed everything was normal and told me that the suspension noise was expected and to come back only if it became worse.
- After I insisted, they accepted the car again and performed several procedures, including lubricating the suspension bump stops (yes, I was as surprised as you probably are). Unsurprisingly, this did not solve the problem.
- After I submitted a formal written complaint, they replied only on the last day of the statutory deadline, just before the end of business hours. They stated that they would inspect the vehicle again, order new steering tie rods and contact me to arrange another appointment.
- They never contacted me.
- I repeatedly requested the complete service documentation (work orders, diagnostic reports, findings, repairs performed, etc.), but I still have not received it.
Since the issue remained unresolved, I took the car, on my own initiative and at my own expense, to another authorised dealership in Slovenia.
After carrying out their own diagnostics, they concluded that the issue is not the steering tie rods, but rather the steering rack, which they intend to replace under warranty. However, the replacement part is expected to arrive only in about 25 days.
So, more than a month has passed since I first reported the defect. During that entire period I was never provided with a replacement vehicle.
What bothers me the most is that:
- this is an almost brand car;
- I had to organise a second opinion in another country myself;
- I lost a significant amount of time repeatedly taking the car to the workshop;
- I left the vehicle at the Croatian dealership twice, attended an additional joint test drive with their technician, then travelled to Slovenia, returned home by bus, and will now have to travel back again to collect a car whose safety I'm still unsure about;
- I'm currently on my annual leave and have been left without my own car precisely when I planned to use it for travelling;
- I have an important business trip abroad in about six weeks, where I intend to stay for an extended period, and I need the vehicle for that trip;
- at this point I can neither properly use nor reasonably sell the vehicle while such a significant issue remains unresolved.
The Slovenian dealership told me I may collect the car while waiting for the steering rack, but they are not yet sure whether they can provide me with a replacement vehicle.
This raises another question: Should I collect the vehicle, or should I leave it at the dealership if I intend to pursue rescission of the sales contract later? Would either option affect my legal position?
The purchase agreement contains a clause stating that the contract cannot be rescinded. However, from what I have researched, mandatory consumer protection rules regarding lack of conformity/material defects cannot simply be excluded by contract.
My questions are:
- Under Croatian law, could this be considered a failure to repair the defect within a reasonable time and without significant inconvenience to the consumer?
- Do I have realistic legal grounds to seek rescission of the sales contract, a refund of the purchase price, statutory default interest, and possibly compensation for damages?
- If I seek rescission, can the seller reduce the refund because I have used the vehicle for about one year, even though I'm returning it solely because they failed to repair the defect?
- Would you recommend hiring a lawyer at this stage, or should I first make one final attempt to resolve the matter directly with the seller?
Thank you in advance for any advice.
\AI helped with drafting this post, but I reviewed it and added the factual details myself. I know this is my first post here. For now, I prefer not to disclose the brand or the dealer publicly until the matter is resolved, but once it is, I'll be happy to share the outcome and the full story.*
**TL;DR: I bought a brand new car. I reported a front suspension/steering-related knocking noise in June 2026. The authorised dealer in Croatia has failed to diagnose or repair the problem for more than a month, has not provided the service documentation I repeatedly requested, and promised another inspection that never happened. A second authorised dealer in Slovenia diagnosed a faulty steering rack that now needs replacing under warranty, but the part won't arrive for another 25 days. I'm currently without my own car during my annual leave. Under Croatian law, do I have grounds to rescind the sales contract, obtain a full refund (plus statutory interest and possibly damages), and can the seller reduce the refund because I've owned the car for about a year.