Car purchase The length of the extended warranty provided by the private seller has been falsely stated.
May 7, 2013 | 30,00 EUR | answered by Jan Wilking
Hello.
Key facts:
Last year I bought a car, year of production: 2009, from a PRIVATE seller.
The purchase agreement was concluded in a car dealership where the person works.
The car was registered in the father's name.
Reason for the question:
The car was supposed to have an extended warranty until March 2014, as stated in the advertisement.
I don't have anything in writing as the warranty is linked to the car and can be checked with the chassis number at the dealership.
This was also shown to me at the dealership.
Now I have a warranty claim that is 100% covered, and it turns out that the extended warranty only lasted until March 2013.
I have a purchase agreement from Mobile.de where it says "as described" under other information.
As described = the advertisement, which I still have as a PDF, where it is also noted that the extended warranty is until March 2014.
Can I now demand the repair costs from the seller?
Since the information about the extended warranty is incorrect?
Best regards, Marco
Dear inquirer,
I am happy to answer your inquiry taking into account your description of the situation and your commitment as follows:
The essential quality agreement for the contractual obligations of the vehicle may not only arise from the purchase contract, but also from the internet advertisement preceding the purchase (see LG Ellwangen, judgment of 13.06.2008, case no. 5 O 60/08). If the advertisement explicitly advertised a warranty until 2014, it is likely to be a guaranteed feature that would not be covered by an exclusion of liability.
However, if a purchased item lacks a guaranteed feature, a defect exists that triggers the buyer's warranty claims. The seller is then liable to ensure that the vehicle has the guaranteed features.
Therefore, in the event of a warranty case that would have been repaired free of charge if the promised warranty until March 2014 had been in place, the seller must generally bear the cost of the repair as part of your claim for subsequent performance. Therefore, you should formally request the seller to step in for the missing guaranteed warranty and to arrange for the repair at his own expense.
I hope to have provided you with a helpful initial orientation. If you have any doubts, please use the free follow-up function.
Please note that I cannot provide a conclusive recommendation here within the scope of an initial consultation without knowing all the circumstances. If you wish for a conclusive assessment of the situation, I recommend contacting a lawyer and discussing the situation with them based on a review of all documents.
Best regards
