Right to repair in connection with warranty?

Questioner

My son bought a car from a dealer on May 25, 2022. Car from 2013, price 14,000.00 euros With 6 months Bovag warranty, as of June 1 the Bovag warranty was increased to 12 months. On Tuesday the car broke down. Automatic gearbox defective. It is a major repair of over 4,000.00 euros. The dealer says that we are not entitled to warranty under the Non-Conformity Regulation. And that my son has to pay the repair costs himself.

Lawyer

Good afternoon, Annoying situation your son is in. In principle, a statutory warranty of 12 months applies from 1 January 2022 (previously: 6 months). If the car breaks down within that period, the seller must still pay for the repair costs. In some cases, a new product must even be delivered or you can cancel the purchase agreement by terminating it. However, it does depend on what has been agreed upon, how your son has treated the car in the meantime and whether any defects were already known at the time of purchase. If you would like to discuss your case further, please feel free to contact us without obligation. Gr, Mr. Mr. S. Leito FerLei Legal 06-49175526

Questioner

Dear Silviene, My son has always driven quietly in the 10 months that he has had his car and only driven 4,500 km. Mileage at purchase 50,000 km and now 54,500 km. There were no known defects at the time of purchase. This car also had an MOT inspection with maintenance at this same garage last month. The garage's explanation is that it is not known what caused the defective gearbox. However, there are multiple known cases of this make and type of car with the same problems with a low mileage. Purchase price was 13,900.00 euros 10 months ago. Current value in this condition is around 1,000.00 euros. I had to come and explain to the garage myself yesterday what the legal guarantee/non-conformity means. In the meantime, the garage has made an offer to repair the car for half the amount (2,100.00 euros). I just agreed.

Lawyer

Good afternoon, Based on your description, it is not reasonable to make you pay for (part of) the repair costs. If you need assistance in legally addressing the garage in the right way, I would of course be happy to hear from you. Gr, Silvienne Leito FerLei Legal 06-49175526