2023 Author: Eric Donovan | [email protected]. Last modified: 2023-05-21 15:44
Is it a defect or is it normal wear and tear? If a used car is damaged, there may be a dispute with the dealer about these issues.
Anyone who buys a used car from a dealer can report sudden or obvious defects to the seller for at least twelve months. This is what sales law wants. In the case of second-hand cars in particular, however, buyers with a defect are often fobbed off with the note "normal wear and tear". But when is there a defect and when is it actually a natural sign of wear and tear?
Twelve months warranty for defects
If a private person buys a vehicle from the dealer, warranty claims for defects cannot be excluded. The commercial seller must remedy alleged defects for at least twelve months. This also applies if these were already available at the time of purchase but were not discovered by the buyer. Otherwise, the customer can withdraw from the contract, which means that he returns the vehicle and in return receives the purchase price minus any usage fee.
To prevent this from happening, used car dealers in particular tend to refuse to acknowledge a defect. They refer to the current case law, which wants to see a certain condition fulfilled for every defect: The defect complained about must not correspond to the "usual condition" of such a vehicle. This vague formulation leaves a lot of leeway, especially for second-hand cars. What is common for a car at this age and with the mileage, how are regular care and maintenance taken into account?
It is therefore mandatory for dealers to describe many defects as "normal wear and tear" so that they can no longer be held accountable. But what actually falls under wear parts has now been summed up by the ADAC: the exhaust system including exhaust pipes and silencers, glow plugs, the clutch, brake discs and pads, batteries, tires, light bulbs and windscreen wiper blades. In addition, there are components that do not appear to wear out at first glance, but must be replaced after certain periods of time according to the manufacturer's specifications.
Requirements depend on the component
The so-called change intervals exist for filters, toothed belts and tensioning devices, water pumps and spark plugs. If all of these components actually have to be replaced after a certain time, this corresponds to the usual state. Car owners can therefore rarely invoke a defect.
With all other components, such as the electrics, things look different. The usual state of these components is "functional". This means that as soon as they fail or have to be replaced, this requirement is no longer met. If this happens within the first twelve months after buying the used car from the dealer, the buyer can claim a material defect. The seller can not count on "normal wear and tear"called and has to fix the defect.
Anyone who has problems with the used vehicle should not be ripped off by the dealer. This of course chooses the most comfortable way for him and first of all rejects any guilt. If he refuses the repair even after several complaints, you should hire a lawyer. He can provide a professional assessment of the situation and help with any legal dispute that may arise later. (mid)
