guarantee
November 15, 2012 | 30,00 EUR | answered by Bernhard Müller
Subject: Defects / Warranty, Purchase agreement dated 16.06.2012
Hyundai Getz / 12 months warranty according to purchase agreement
The vehicle purchased on 16.06.2012 with a mileage of 72,400 km already shows significant defects on 26.10.2012 at a mileage of 76,550 km. The vehicle cannot be moved because the clutch is defective.
• The dealer refuses to make repairs without explanation. What should be done in this case, as there is no legal expenses insurance?
Two written notices with deadlines were sent to the dealer with acknowledgment of receipt. (see attachment)
Dear inquirer,
Since you have a claim for rectification both under the purchase contract and according to § 439 BGB, and the seller has seriously refused this, you have no choice but to bring a claim for rectification before the court.
The application would read as follows:
The defendant (seller) is ordered to have the clutch of the vehicle with the registration number ..... repaired.
Justification
Description of the facts with evidence (purchase contract, inspection of the car, and your correspondence).
You would have to advance the court and attorney's fees for the process, but based on how you describe the case, I assume you will win the case. Then the seller will have to reimburse you for these costs.
If the repair costs less than 5,000 euros, the district court is competent. There you can also file the claim without a lawyer to reduce the cost risk.
The enforcement after winning the case will proceed in such a way that upon request, you will be authorized to have the repair carried out at a workshop at the expense of the seller, and the seller must pay an advance payment equal to the estimated repair costs.
However, only file this enforcement request once you have obtained a judgment against the seller.
Sincerely,
Bernhard Müller Attorney
