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Warranty for the purchase of a used car

May 16, 2012 | 40,00 EUR | answered by Steffan Schwerin

Hello,

On 14.03.2012 I bought a used Mini One Cabrio, first registered in 12/2004, for €10,900 from the company ...... Handels GmbH (authorized BMW service). On 04.05.2012, suddenly the electric convertible top stopped working (it wouldn't open; or it would slide crooked on one side and not open at all); presumably the cable is torn; possible repair costs up to €4,500). By now the convertible top doesn't close completely. On 07.05. we called the sales manager, who requested an email. This was done on the same day with reference to §§ 459 et seq. BGB. There was no response, neither by phone nor in writing. Another call, 'The issue will be presented to the CEO', allegedly. What about the warranty? The convertible top showed no visible defects at the time of purchase. The vehicle has been driven 1500 km since then. We rarely had the opportunity to drive with the top down, as the weather rarely allowed it. Is there evidence against the seller? What does this mean in plain language? Do we have a chance of getting the repair costs reimbursed? Now rain can even get in, and the dealer is not responding to deadlines (one request for a timely response, one with a one-week deadline). Can we have a cost-effective repair attempt done elsewhere and hold the company accountable? At the time of purchase, we were given the used car sales contract according to the non-binding recommendation of the automotive industry (1 year material warranty). Can the arbitration board take on the case? What is the best course of action? Thank you in advance! A seeker of legal advice

Steffan Schwerin

Dear inquirer,

I am happy to answer your question as follows:

If a defect occurs within the first six months after purchase, it is presumed that it was already present at the time of delivery.

In this case, there were clearly less than 6 months between the purchase and the defect.

Therefore, it does not need to be proven that the defect was present at the time of purchase - this is established by law.

Therefore, the seller must also remedy the defect.

According to § 434 BGB, the vehicle is defective.

According to § 437 BGB, the seller must rectify the defect.

You can also set a deadline for him and have the defect remedied by someone else, claiming the costs from the seller.

I hope I could help you and remain with best regards

Steffan Schwerin
Attorney