Liability When Buying a Car: Learn More

Questioner

In April 2015 I bought a second-hand BMW from 2008 at a BOVAG garage (not a brand dealer). Last week it turned out that there was a crack in the engine block. The mileage is 112,000. The engine cannot be repaired, so a second-hand engine has to be installed. Costs 5,000 euros. Does anyone have experience with holding BMW liable (and chances of success) in these types of cases?

Lawyer

The seller has a duty to disclose, while you have a duty to investigate that goes far depending on the year of manufacture, condition, etc. of the car. I can imagine that you were unable to discover the crack in the engine block. There is non-conformity, because the car did not meet your expectations as you could expect based on the agreement. The seller can be put in default for this. Experience shows that a letter from a lawyer can produce the desired result better and faster. If you wish, I can send a letter to the seller on your behalf. Please contact me directly and free of charge for this.

Lawyer

Additional: if there is something wrong with the engine that makes it completely non-functional or needs to be replaced, the non-conformity is established. It is also not covered by any guarantee: an engine is a main feature of a (second-hand) car.