Best Motor Vehicle Defect Lawyers in Kitzingen

About Motor Vehicle Defect Law in Kitzingen, Germany

Motor vehicle defect law in Kitzingen operates within the broader framework of German and European law. It covers safety and approval rules for vehicles on public roads, consumer and commercial warranty rights when buying or repairing cars, and liability rules if a defect causes damage or an accident. People in Kitzingen typically encounter these issues when buying a new or used vehicle, dealing with recurring repair problems, or responding to recalls and software update obligations.

Two areas are especially important. First, sales and warranty law under the German Civil Code governs what counts as a defect, what the seller must do to fix it, and which remedies buyers can choose if the problem is not resolved. Second, public safety and approval rules require vehicles to be roadworthy and allow authorities to impose recalls or registration restrictions for unsafe cars.

In practice, cases often involve several players at once, including the seller or dealer, a workshop, the manufacturer, an insurer, and sometimes the registration authority or the Federal Motor Transport Authority. Understanding how these layers interact helps you choose the best strategy to protect your rights and stay safe on the road.

This guide is general information only and not a substitute for tailored legal advice.

Why You May Need a Lawyer

You may need a lawyer if a newly purchased vehicle shows defects, the dealer disputes the issue, or repair attempts keep failing. Legal support helps you document defects, set proper deadlines for the seller to fix the issue, and choose the right remedies such as repair, replacement, price reduction, or rescission.

Legal help is also useful when a workshop performs faulty repairs, overcharges, or damages your vehicle during service. A lawyer can enforce your rights under service and work contract law and coordinate expert inspections.

If a defect causes an accident or personal injury, liability can be complex. You may have claims against the driver or vehicle owner under strict liability rules, and separate claims against the manufacturer, seller, or workshop under product liability, tort, or contract law. A lawyer can navigate insurance issues and preserve evidence.

Other frequent situations include disputes about used car warranties, hidden defects, manipulated mileage, software and update problems in modern vehicles, recall handling, and cross-border purchases where choice of law and jurisdiction require careful analysis.

Local Laws Overview

Sales and warranty rights under the German Civil Code apply to vehicle purchases. A car is defective if it lacks the agreed quality, is not fit for ordinary use, or does not match a sample or description. For consumer purchases from a business, the seller is responsible for defects that already existed at delivery. The seller has a duty to provide subsequent performance, which means repair or replacement, and must bear related costs. If subsequent performance fails or is refused, buyers may reduce the price, rescind the contract, or claim damages.

Time limits are crucial. For new vehicles in consumer sales, statutory warranty generally lasts two years from delivery. For used vehicles, the seller and consumer may agree to reduce this to one year, but complete exclusion of warranty is not allowed in consumer sales. In private sales between individuals, warranty can often be excluded, but not for fraudulent concealment. For consumer sales, the burden of proof that a defect existed at delivery is eased for the first twelve months after handover.

Cars with digital elements, such as onboard software and connected services, are subject to additional duties. Sellers must provide necessary updates for the duration that the consumer can reasonably expect. Failure to provide security or functionality updates can be a defect.

Product liability law provides strict liability for defective products that cause personal injury or private property damage. Claims coexist with warranty and tort claims. Public safety and approval rules under the Road Traffic Licensing Regulations and related laws require vehicles to be roadworthy. The Federal Motor Transport Authority can order recalls and monitor compliance. Regular vehicle inspections are mandatory. Passenger cars generally undergo their first main inspection after three years if new, then every two years, with local testing centers in and around Kitzingen.

If a defect leads to an accident, the owner may be strictly liable under road traffic law, while the manufacturer or workshop may be liable under product or contract law. Insurers and subrogation rights often play a role, and it is important to coordinate claims to avoid jeopardizing coverage.

Procedurally, smaller civil claims are heard by the Local Court in Kitzingen, while larger matters go to the Regional Court in Würzburg. Automotive trade arbitration boards exist in Lower Franconia and offer a fast and low cost forum for disputes with dealers or workshops. Court fees and attorney fees are governed by statutory fee laws, and legal expenses insurance can significantly reduce out of pocket cost risk.

Frequently Asked Questions

What counts as a defect in a car purchase?

A defect exists if the car does not have the agreed features, has hidden faults, is not fit for ordinary or agreed use, or deviates from the description, mileage, or accident free status that was promised. For modern cars, missing or faulty software updates can also amount to a defect.

What are my first steps after discovering a defect?

Stop using the vehicle if it is unsafe, document the issue with photos and notes, preserve invoices and messages, and notify the seller in writing. Set a reasonable deadline for repair or replacement and keep proof of your notice. Do not authorize expensive third party repairs before giving the seller a chance to fix the problem, unless there is an emergency.

How long is the warranty period for cars?

For consumer purchases from a dealer, the statutory period is typically two years from delivery for new cars. For used cars, it can be agreed at one year. In private sales, warranty can often be excluded, but not if the seller fraudulently concealed defects or gave a concrete guarantee about certain features.

Do I have to accept repeated repair attempts?

The seller is entitled to subsequent performance and may choose repair or replacement. If repair fails or is unreasonable, you can switch to a price reduction, rescission, or damages. The law does not set a fixed number of attempts, but after two failed repairs buyers often have strong grounds to change remedies.

Who pays for transport and inspection costs during warranty?

In consumer sales, the seller must bear necessary costs of subsequent performance, including transport, labor, and materials. You should coordinate logistics with the seller and keep receipts. If the seller wrongfully refuses performance, you may recover additional expenses.

What is the difference between warranty and manufacturer guarantee?

Statutory warranty is a legal right against the seller and applies automatically. A guarantee is a voluntary promise by the manufacturer or seller with its own conditions. Guarantees cannot limit your statutory rights, and they often require compliance with service schedules and procedures.

How are software and updates handled for modern vehicles?

Cars with digital elements must receive necessary updates for security and functionality for a reasonable period. If updates are missing, fail, or impair performance, it can be a defect. Keep records of update notices, dealer visits, and any warnings or error codes.

What if a defect causes an accident or injury?

Ensure safety and medical care first, notify police if required, and preserve evidence. Claims may exist against the driver or vehicle owner under strict liability, and against the manufacturer, dealer, or workshop under product liability or negligence. Notify your insurers promptly and seek legal advice to coordinate claims and expert reports.

Can I return a car if I change my mind?

There is no general right to return after an in person dealership purchase. A 14 day withdrawal is possible in distance selling or certain credit linked purchase scenarios. Read your contract carefully and seek advice if you ordered remotely or used a linked consumer loan.

How do I resolve disputes with a dealer or workshop in Kitzingen?

Start by giving written notice and a deadline. Consider the automotive trade arbitration board in Lower Franconia for a quick and low cost solution. If that fails or the case is complex, you can file suit with the Local Court in Kitzingen for smaller claims or the Regional Court in Würzburg for higher amounts. Legal expenses insurance may cover costs.

Additional Resources

Kraftfahrt Bundesamt - Federal Motor Transport Authority for recalls and type approvals.

Verbraucherzentrale Bayern - Consumer advice center for guidance on car purchases and service disputes.

Kfz Schiedsstelle Unterfranken - Automotive trade arbitration board for dealer and workshop disputes.

TÜV SÜD and DEKRA test centers in the Kitzingen region - Independent inspections and reports.

Polizeipräsidium Unterfranken - Police authority for accident reporting and safety concerns.

Amtsgericht Kitzingen and Landgericht Würzburg - Local courts for civil disputes and injunctions.

Handwerkskammer and Kfz Innung in Unterfranken - Trade bodies that can provide information on workshop standards.

Your legal expenses insurance provider - Coverage checks and claims handling instructions.

Next Steps

Gather your documents, including the purchase contract, advertisements, delivery notes, service booklet, invoices, and all communications. Take photos and videos of the defect and record dates, mileage, warnings, and conditions.

Notify the seller or workshop in writing, describe the defect precisely, and set a clear deadline for remedy. State that you reserve your statutory rights if the defect is not fixed in time. For safety related defects, stop driving the car and arrange safe transport.

Consider an independent expert opinion if the defect is disputed or complex. Ask your legal expenses insurer for coverage approval before commissioning an expert or filing suit.

Use the automotive arbitration board if suitable. If negotiations fail or limitation periods are approaching, consult a lawyer experienced in motor vehicle defect cases in Kitzingen or nearby Würzburg to assess remedies, calculate damages, and file claims within the deadlines.

Keep an eye on recalls and software updates, follow official instructions, and maintain service schedules to protect both safety and legal rights.