Best Motor Vehicle Defect Lawyers in Arlesheim

About Motor Vehicle Defect Law in Arlesheim, Switzerland

Motor vehicle defect issues in Arlesheim fall under Swiss national law and the procedures of the Canton of Basel-Landschaft. If a car, motorcycle, or component is defective, the situation can trigger contract law rights against the seller, product liability claims against the manufacturer or importer, and regulatory action regarding roadworthiness. People encounter these matters after purchasing a new or used vehicle, after a failed inspection, or following an accident where a defect may have contributed to the damage.

Switzerland does not have a US-style lemon law. Instead, buyers rely on the Swiss Code of Obligations for warranty rights, the Product Liability Act for harm caused by defective products, and the Road Traffic Act and related ordinances for safety and compliance. In Arlesheim, the cantonal motor vehicle authority conducts inspections and can impose measures if a vehicle is unsafe for public roads.

Why You May Need a Lawyer

You may benefit from legal help in several common situations. If the seller refuses to honor warranty obligations or denies a defect, a lawyer can assess the contract and advise on remedies. If you experience personal injury or significant property damage due to a suspected vehicle defect, a lawyer can coordinate technical experts, preserve evidence, pursue product liability claims, and navigate insurance. After buying a used car, hidden defects may appear later. Counsel can help you comply with strict notification rules and negotiate price reduction or rescission. If your vehicle fails the cantonal inspection shortly after purchase, a lawyer can evaluate whether the seller breached duties or misrepresented the condition. In recall cases, legal advice can ensure you receive appropriate repair and can address losses tied to downtime or reduced value. For cross-border purchases or imports, a lawyer can clarify which party bears responsibility and which forum applies. If insurers dispute coverage or liability, counsel can manage communications and litigation strategy. When safety issues risk administrative penalties or registration withdrawal, a lawyer can represent you before authorities.

Local Laws Overview

Swiss Code of Obligations - Warranty for defects in sales: When you buy a vehicle, the seller is liable for defects that materially reduce the value or fitness for ordinary or agreed use. Buyers must examine the vehicle as soon as feasible and notify the seller of discovered defects without delay. For hidden defects, notify promptly after discovery. Core remedies are rescission of the sale or price reduction. Repair or replacement is often governed by the contract or dealer warranty terms. The limitation period for defect claims on movable goods is generally 2 years from delivery. For used goods, the parties can agree to reduce this period to at least 1 year. Contractual exclusions of warranty are possible under Swiss law but are invalid if the seller fraudulently concealed defects. Contract language and dealer terms are pivotal.

Product Liability Act - PrHG: If a defective vehicle or component causes personal injury or damage to private property typically used for personal purposes, the manufacturer or importer can be strictly liable. You must prove the damage, the defect, and the causal link. Claims under this Act generally expire 3 years from the day you knew, or should have known, of the damage, the defect, and the identity of the producer, with a 10 year long-stop period from the time the product was put into circulation. Separate tort and contract claims under the Code of Obligations may also apply.

Road Traffic Act - SVG and technical ordinances: Vehicles used on public roads must be roadworthy and comply with type approval and safety rules. Driving an unsafe vehicle can trigger fines, administrative measures, or withdrawal of registration. Recalls and market surveillance for vehicle safety are coordinated at the federal level. Owners must remedy safety defects and comply with recall instructions.

Inspections and local authority practice: In Basel-Landschaft, the Motor Vehicle Inspection Authority conducts roadworthiness checks. Passenger cars typically follow the 4-3-2 schedule new vehicles are inspected after 4 years, then 3 years later, then every 2 years. A failed inspection often provides documented evidence of defects. If a significant defect is found, officials can limit or revoke permission to use the vehicle until it is repaired and reinspected.

Civil procedure in Basel-Landschaft: Most civil disputes begin with a conciliation proceeding before litigation. Simplified procedure applies to certain lower value disputes, and the losing party usually bears court costs and a contribution to the other side's legal fees. Evidence from expert mechanics or engineers is frequently decisive in defect cases.

Insurance context: Motor liability insurance is mandatory and can be directly pursued by third parties in road traffic accident cases. For product defects, liability may rest with manufacturers or importers, but their insurers are not automatically subject to direct action. Comprehensive or warranty insurance policies may cover repair costs depending on policy terms.

Frequently Asked Questions

What counts as a motor vehicle defect under Swiss law

A defect is a condition that materially reduces the vehicle's value or suitability for normal or contractually agreed use. Examples include critical brake issues, steering faults, structural corrosion compromising safety, serious engine problems, or electronic failures that impair safe operation. Minor wear consistent with age and mileage is usually not a defect.

Is there a lemon law in Switzerland

No. Switzerland does not have a lemon law. Buyers rely on the Code of Obligations for warranty remedies and on the Product Liability Act for injury or property damage caused by defective products.

How quickly must I notify the seller after I discover a defect

Notify the seller without delay after discovery. Swiss law requires prompt notice. For latent defects that appear later, notify promptly once discovered. Delayed notice can lead to loss of warranty rights, so written notice with dated proof is recommended.

How long do I have to bring a claim

For sales warranty claims on vehicles, the limitation period is generally 2 years from delivery, and for used vehicles it can be contractually reduced to at least 1 year. For product liability claims, the relative limitation is 3 years from knowledge of the damage, defect, and producer identity, with a 10 year long-stop. Other tort claims may follow similar 3 year and 10 year periods. Deadlines can be affected by specific facts and agreements, so seek advice quickly.

Can a dealer exclude or limit warranty on a used car

Dealers often use contractual clauses to limit warranty duration for used vehicles, sometimes to 1 year, which Swiss law can allow. A complete exclusion can be invalid if the dealer fraudulently concealed defects. The exact wording of your contract and general terms is crucial.

Do I have an automatic right to repair, replacement, or refund

Under the Code of Obligations, the primary statutory remedies are rescission of the sale or price reduction. Repair or replacement often stems from the contract or a dealer or manufacturer warranty program. Many sellers prefer repair first. The best remedy depends on defect severity, safety impact, and contract terms.

What should I do if my car fails the cantonal inspection shortly after purchase

Obtain the written inspection report, stop driving if the defect is safety relevant, notify the seller in writing with copies of the report, and ask for a remedy. Preserve evidence and consider an independent expert opinion. If negotiations stall, seek legal advice and prepare for conciliation.

Who pays for an expert report to prove a defect

Initially, the buyer often pays for a private expert to assess the vehicle. If you succeed in a claim, the opposing party may be ordered to reimburse part or all of those costs. Court appointed expert fees are usually advanced by the parties and allocated in the judgment.

What if a defect caused an accident in or near Arlesheim

Call emergency services if needed, photograph the scene and vehicle, secure parts that failed, and do not dispose of components. Inform your insurer. If a defect is suspected, you may have claims against the manufacturer or importer under the Product Liability Act and contract or tort law. A lawyer can coordinate technical analysis and evidence preservation.

How are safety recalls handled in Switzerland

Manufacturers and importers coordinate recalls with federal authorities. Owners are typically contacted and asked to book a free remedy. If you suspect a safety issue but have not received a recall notice, contact the brand importer or a franchised dealer and consider reporting the issue to the relevant federal road authority. Keep records of all communications and repairs.

Additional Resources

Federal Roads Office - ASTRA - Vehicle type approval and market surveillance.

Motor Vehicle Inspection Authority of Basel-Landschaft - Motorfahrzeugkontrolle Basel-Landschaft.

Touring Club Schweiz - TCS - Technical centers and consumer advice for motorists.

Automobile Club der Schweiz - ACS - Driver support and technical information.

Swiss Consumer Protection Foundation - Stiftung für Konsumentenschutz.

Fédération Romande des Consommateurs - FRC.

Ombudsstelle der Schweizer Automobilimporteure - Industry ombudsman for disputes with importers and brands.

Garages association - Auto Gewerbe Verband Schweiz - AGVS.

BFU - Beratungsstelle für Unfallverhütung - Accident prevention and safety advice.

Basel-Landschaft conciliation authorities and district courts for civil disputes.

Next Steps

Prioritize safety. If a defect may affect safe operation, stop using the vehicle until inspected by a qualified technician.

Collect documents. Gather the purchase contract, general terms, service records, warranty booklets, recall notices, inspection reports, diagnostic printouts, and all correspondence with the seller or manufacturer.

Notify promptly. Send a written notice to the seller describing the defect, when it appeared, and the remedy you seek. Use a verifiable method and keep copies.

Obtain a technical assessment. Consider an independent expert report from a qualified mechanic or engineer. Preserve failed parts and do not authorize destructive testing without guidance.

Contact your insurer. Inform your motor insurer and any legal protection insurer. Ask about coverage for expert costs or legal fees.

Seek local legal advice. Consult a lawyer experienced in motor vehicle defect and product liability in Basel-Landschaft. Discuss limitation periods, conciliation, evidence strategy, and potential remedies.

Engage authorities when appropriate. For safety defects, inform the relevant federal road authority or the brand importer. For roadworthiness matters, follow instructions from the Motor Vehicle Inspection Authority.

Prepare for conciliation. Many disputes require a conciliation attempt before court. Your lawyer can file the request, present your case, and negotiate settlement options.

Reassess and decide. Based on expert findings and legal advice, choose the path that best fits your goals repair, price reduction, rescission, or litigation for damages.