Ask a lawyer on the topic of Contract law

Used car purchase from a dealer

July 20, 2009 | 25,00 EUR | answered by Andreas Scholz

Good day,

I would like to know my legal situation in the following case:
I bought a 16-year-old Suzuki off-road vehicle from a Suzuki dealer.

***Good day Mr. XY (Sales Manager Suzuki Menden),
unfortunately I cannot reach you by phone today - despite several attempts. Even my request for a call back from your colleague was not fulfilled. It is very concerning when suddenly no one is reachable after the deal has been completed. This morning I called you to inform you that the car we picked up from you yesterday, a Suzuki Vitara, has some significant defects. These were discovered last night when we arrived home.
Here are the details again:
- a convertible top with a zipper that no longer closes
- a rear door that cannot be locked
In other words, the car cannot be locked and is accessible to anyone (causing insurance problems). Additionally, rain comes in because the convertible top is permanently open. This means there is an imminent total loss in front of my door if something is not done soon.

Today I consulted a Suzuki dealer in my area, whom you can contact if you wish. (Data has been removed due to data protection rights). He found that the convertible top is not an original Suzuki part and apparently cannot be closed due to a apparent fit and construction defect (too tight and zipper error). Your mechanic should be able to confirm this as well.
The non-locking door was also not mentioned by you. Although - I must point out - I cannot imagine that these things were not noticed in your establishment. Was the car left open the whole time at your place? Very strange. I must assume that defects have been deliberately concealed here. It gives me chills to think about what will be revealed in the future if this is the result of the pick-up day.

I see a problem coming our way, as I am not satisfied with the purchase price sum with these defects. The purchase price is by no means justified for this.
Of course, as a journalist, I also have direct access to the Suzuki press office, which I will certainly use if we cannot reach an amicable agreement. I am also covered by legal expenses insurance and plan to hire an expert / lawyer shortly.

I therefore urgently request you to propose a solution to me promptly. The defects can also be inspected by you in Usseln. Otherwise, from Monday onwards I will use the options mentioned, and please consider that I will invoice you for the incurred time and costs, or take legal action.***

The dealer has offered to now replace the rear lock - no mention of the convertible top. However, the dealer is over 110 km away; I do not want to endure a drive there with the Suzuki.
I would like a discount of approximately €500; what should I expect from the seller?

Best regards

Andreas Scholz

Dear questioner,

Since you purchased the FZG from a dealer, you are entitled to warranty rights for at least one year, possibly even two years, but only if the dealer has not limited the limitation period for warranty claims to one year in the purchase contract, §§ 434, 437, 475 para. 2 BGB.

If the delivery of the FZG is not more than six months ago, defects are legally presumed to have existed at the time of delivery, § 476 BGB, meaning you generally do not have to prove this.

If a defect in the FZG appears within the two specified periods, you can indeed demand a price reduction, § 437 no. 2, 441 BGB. The extent of the reduction is determined by § 441 para. 2 BGB. Whether 500 euros are appropriate can therefore only be said for sure with knowledge of the value of the FZG in a defect-free condition.

However, please note that before you can claim a price reduction or withdraw from the purchase contract, you must give the seller the opportunity to remedy the situation. Only if this fails for the second time or if the seller refuses to remedy the situation, you can reduce or withdraw. If only the lock is repaired, but not the top, you can reduce or withdraw.

The costs of the repair are generally to be borne by the seller, including your travel expenses. Whether the dealer is obligated to visit you is a factual question. Ultimately, this is not particularly relevant, as in case of refusal, you can again resort to reduction or withdrawal.

I hope this information is helpful to you. If you have any further questions, please feel free to ask.

Best regards,

Andreas Scholz, Attorney