Legal assistance with car warranty problems

Questioner

we bought a car in march and had to pay 900 euros. the agreement does not state that there would be a guarantee, but verbally 3 months bovag guarantee was agreed. now the invoice states 6 months guarantee. what is leading? because last week the timing belt came off and the car broke down. the garage wants to do the bill 50/50. we don't know anymore because we don't have the financial means either

Lawyer

In this case I would say that the agreement entered into in writing - and which is in your favor - applies. The dealer, a professional, failed to change this based on a verbal agreement and therefore you are not to blame for this. They should have made an invoice with the 3 months explicitly stated on it. Probably the 6 months is standard. On the other hand (and I am not familiar with this) you should inquire with BOVAG which warranty is customary given the purchase price. Perhaps the term of 3 months applies after all. In that case the dealer will be allowed to hold you to the 3 months that was verbally agreed. If you look at court rulings, a professional (the dealer) can be expected to inform you properly. If he makes a mistake, you are not to blame. But on the other hand, reasonableness and fairness also apply. If those 3 months are standard BOVAG given the value of the car, then it is unreasonable if you hold the dealer to a term of 6 months that is stated on the invoice. Because you did not object to this when this was agreed verbally. The judge also looks at what the parties have stated and what they could reasonably have expected. If you have agreed to those 3 months and according to the BOVAG rules it is also the normal guarantee for a used car of that price, then the 50/50 arrangement that is offered to you is very reasonable.