Problems of new cars are annoying – but when buyers are entitled to a replacement car? This question has been clarified by the Federal court of justice now.
The Federal Supreme court (BGH) emphasized the rights of buyers of new cars with defect: If there is a Problem will not be eliminated fully, sustainably and professionally, could not reject the seller for a replacement car just as disproportionate.
The election of the buyer, repair or replacement could not be run by the retailer has managed to a deficiency without the consent of the buyer with the time in the world, decided by the Supreme court on Wednesday in Karlsruhe. If a replacement car is available in the case of relatively still needs to be clarified. The Supreme court dismissed the case, therefore, to the Oberlandesgericht Nürnberg. (Az. VIII ZR 66/17).
Plaintiff complained of defective warning light
Had sued a man who had bought in 2012 a new BMW for about 38,000 euros. A little later the car showed a warning: The driver should stop the vehicle carefully, to allow the clutch to cool down, which could take up to 45 minutes.
As of note, after several workshop visit not disappeared, that was the man of a new vehicle. The dealer declined, The clutch could safely cool down while driving, also the service appointment had been playing with a Customer, a warning message with the modified Text.