The Federal court of justice has strengthened with a judgment, the rights of auto customers. He decided that used cars retain their warranty even if they are not serviced in the authorised workshops of the manufacturers.
Karlsruhe – Who wants to make his used car warranty claims, you must let him do this, not necessarily in the contract the workshops of the manufacturer’s wait and inspect. Such a clause in the warranty claims was ineffective, decided by the Federal court of justice (BGH).
In the current case, the plaintiff had bought in November 2009, in a car dealership a used car, including a one-year used car warranty for 10.490 euros. In April 2010, the plaintiff left for the fourth customer service in a free workshop. A few months later the car broke down because of damage to the oil Pump.
The guarantor, the CG Car warranty insurance, not want to pay with reference to the free workshop for the damages. In court, the insurer got in the first instance, the court of appeal quashed the judgment thereafter in favor of the buyer. Now, the Supreme court upheld this decision: The cost of repair of around 3300 euros will have to pay the defendant insurance according to the judgment,.
Even with new cars there are only in exceptional cases, the provisions
The verdict was announced on Wednesday in Karlsruhe. Thus, the method differs according to the BGH, in the case of used cars, in principle, of the for new cars, where there is a legal binding contract workshops is possible. Most of the car manufacturers, however, according to information from the network of independent Automotive entrepreneurs, your buyers choice of Workshop, in the meantime, no requirements. This was in line with European competition policies.
When buying new car dealerships, however, can be a Free warranty offer with the condition that the buyer will need to regularly consult the contract workshops. The Supreme court had written in a previous judgment. Such customer loyalty as a legitimate interest of the manufacturer. This was not true but when you trade in a used car, justified the presiding judge Wolfgang Ball the decision.