Problems with BOVAG warranty? Get free advice!

Questioner

March 2017 bought a car from a BOVAG dealer. The car appears to have a defect in the MotorManagementSysteem. We were under the impression that we had a BOVAG guarantee. In the purchase contract, the line 'this car is delivered without a BOVAG guarantee' is not checked and we were also not informed that we had to waive this guarantee. After much haggling with the garage and BOVAG, we decided to submit this to the Disputes Committee. This committee declares itself not competent to handle this dispute. What now?

Lawyer

I assume that the Disputes Committee has declared itself incompetent due to the lack of clarity regarding the BOVAG guarantee? The only option that remains open in my opinion is to submit the matter to the subdistrict court judge. What will the repair costs be approximately, do you have an idea of ​​that? And has the problem been repaired in the meantime?

Questioner

Thanks for your quick reply. Yes, your starting point is correct. The repair costs are estimated between €2000 and €2500. The car is still at the garage and has not been repaired. In addition, we had to make quite a few extra costs. Can you advise me on the next step?

Lawyer

How old was the car at the time of purchase? My idea would be to hire an expert, who can assess the repair costs, as well as how the defect could have arisen (action of the garage) and whether it was a defect that could have been 'easily' determined by the garage. As a legal advisor, I unfortunately have little knowledge of car technology. If this is to your advantage and the garage still does not want to cooperate, the matter could be submitted to the subdistrict court. What is of course true is that agreements should be made about the costs of this expert. Perhaps a 50/50 arrangement is a possibility?