Best Motor Vehicle Defect Lawyers in Göppingen

About Motor Vehicle Defect Law in Göppingen, Germany

Motor vehicle defect law in Göppingen, Germany is designed to protect consumers from faulty or unsafe vehicles. Whether you are purchasing, leasing, or repairing a vehicle, certain legal rights ensure you are not left with a defective product. German law, including the Bürgerliches Gesetzbuch (BGB - German Civil Code), establishes obligations for manufacturers, sellers, and service providers regarding vehicle safety and quality standards. This means that if your vehicle has defects that were present at the time of sale or arise soon after purchase, you may have the right to repair, replacement, or refund.

Why You May Need a Lawyer

Dealing with a motor vehicle defect can be complex, especially when trying to assert your rights as a consumer. Here are some common situations where legal assistance is beneficial:

• You discover a significant defect in your new or used vehicle shortly after purchase.
• The dealership or seller disputes the existence of a defect or refuses to repair it.
• Your safety has been compromised due to a mechanical or electronic failure, and you are considering seeking compensation.
• You face difficulties with warranty claims or contract disputes related to repairs.
• The manufacturer recalls your vehicle but fails to address all associated damages or losses.

A lawyer with experience in motor vehicle law can help you understand your rights, represent you in negotiations or court, and maximize any compensation or remedies you are entitled to under German law.

Local Laws Overview

In Göppingen, as in the rest of Germany, several laws govern the sale and repair of motor vehicles:

• BGB (German Civil Code): Establishes warranty rights (Gewährleistung) for buyers of new and used vehicles. Sellers are liable for defects existing at the time of purchase, and consumers typically have a two-year window to claim for new vehicles (often reduced to one year for used vehicles).
• Product Liability Act (Produkthaftungsgesetz): Holds manufacturers strictly liable for damages caused by defective products, including vehicles.
• Motor Vehicle Warranty and Guarantee: Distinguishes between statutory warranty (which is a legal obligation) and a voluntary guarantee (which may offer broader coverage but is subject to the provider's terms and conditions).
• Recalls and Safety Orders: The Kraftfahrt-Bundesamt (KBA - Federal Motor Transport Authority) can issue recalls for safety-relevant defects. Owners must be informed and have the right to free repairs for recall-related issues.

Local courts in Göppingen will primarily base decisions on these national legal frameworks, but regional legal practitioners will be familiar with the specific application and any local interpretation relevant to your case.

Frequently Asked Questions

What qualifies as a motor vehicle defect?

A defect is any condition that reduces the value or usability of the vehicle or poses a safety risk, including mechanical, electrical, or software-related faults present at the time of sale or emerging soon after.

How long do I have to make a claim for a defect?

Generally, you have two years for new vehicles and one year for used vehicles to report defects and seek remedies in Germany, starting from the date of purchase.

Do I need to provide proof that the defect existed at the time of sale?

If a defect appears within the first twelve months after purchase, the law presumes it existed at the time of sale unless the seller can prove otherwise. After twelve months, the burden of proof shifts to the buyer.

What remedies are available if a defect is found?

You may request repair, replacement, reduction of the purchase price, or even cancellation of the contract (rescission) depending on the severity and persistence of the defect.

Am I entitled to a loaner vehicle during repairs?

While not always required by law, many dealerships provide a loaner vehicle free of charge as a courtesy during warranty repairs. It depends on your contract and the nature of the defect.

Can I refuse further repairs and ask for a refund?

If the repair fails after two reasonable attempts or if the defect is serious, you can demand a refund or exchange the vehicle.

Does the warranty cover all defects?

The legal warranty covers defects existing at the time of sale. Wear and tear or damages caused by the owner are usually excluded unless covered under a manufacturer’s voluntary guarantee.

Who pays for towing or transportation if my vehicle breaks down due to a defect?

If the defect is covered by warranty, the seller or manufacturer may be responsible for reasonable transportation or towing costs. Always check your contract and discuss with your lawyer.

Is there a difference between warranty (Gewährleistung) and guarantee?

Yes. The statutory warranty is a legal obligation for the seller, while a guarantee is a voluntary promise by the manufacturer or seller, often offering broader or longer coverage.

What if the defect causes an accident or personal injury?

You may have additional claims for damages under the Product Liability Act if a vehicle defect results in injury or property damage. Legal advice is strongly recommended in these cases.

Additional Resources

• Kraftfahrt-Bundesamt (KBA) - The Federal Motor Transport Authority handles vehicle recalls and safety issues.
• Verbraucherzentrale Baden-Württemberg - Provides consumer information and legal counseling.
• ADAC (Allgemeiner Deutscher Automobil-Club) - Offers advice and support for motorists, including legal information on vehicle defects and warranties.
• Local legal aid centers in Göppingen - Assist with initial legal advice and interpretation of consumer rights.
• Göppingen District Court (Amtsgericht Göppingen) - Deals with disputes related to motor vehicle contracts and defects.

Next Steps

If you suspect your vehicle has a defect or are facing challenges with a seller or manufacturer, it is important to act promptly. Here is how you can proceed:

• Document the defect thoroughly with photos, written descriptions, and repair receipts if applicable.
• Contact the seller or manufacturer in writing, detailing the issue and requesting a specific remedy (repair, replacement, etc).
• Review your purchase contract and any warranty or guarantee documents to understand your rights and obligations.
• Consult with a local lawyer who specializes in motor vehicle law in Göppingen. An initial consultation can clarify your options and the likelihood of a successful claim.
• If you are a member of an automobile association like ADAC, take advantage of member legal support services.
• Consider mediation or legal action if informal resolution efforts are unsuccessful.

Protecting your rights in cases of motor vehicle defects ensures your safety and financial security. Seeking expert legal advice early increases your chances of a favorable outcome.