Thursday, August 17, 2017

German lemon law soften New car purchases

Kimmel & Silverman talks PA Lemon Law Good Day PA! (ABC 27)



Americans in the market for a used car in Germany can not be aware of their one year warranty guaranteed by law.
If Lewis Pullum asked about the warranty, it may be able to save some headaches and a few dollars.
Pullum, a repair of industrial equipment to the Rhein-Main Air Base, learned the law the hard When Pullum bought his 1993 BMW 540i a car dealership outside Mannheim Sullivan Barracks in April, the dealer offers only a guarantee of 30 days.
A car enthusiast, Pullum test-drove the car, he seemed to be in good condition.
The car looked great, drove very well, he said he had not been a dream car, but a car I was looking for a week later, however, Pullum noticed the car just did not feel well.


Her fears were confirmed when he had his regular mechanic to assess the car's repair list, which included new brake pads, rotors and a water pump, amounted to 90 euros in 2396 Pullum paid 5,000 euros, or about 6240, for the car.
I hadn t driven this car for a week and was now facing all these problems, Pullum said that I do not feel that I should drive the car, knowing that he has these problems.
To make matters worse, the dealer refused to honor the warranty of 30 days and denied responsibility to have to honor the warranty of one year, said Pullum.
Repeated calls to the dealership for this article are not returned.
In January 2002, under a directive from the European Union Consumer Protection, Germany amended its laws on sales of tangible assets to enhance consumer protection All German dealers must provide a guarantee of 12 month for every used car they sell.
Ensure that a dealer offers the guarantee the buyer will save a lot of heartache and legal hassles if a BMW or Mercedes dream turns out to be a lemon, told the German lawyer Roland Schwengebecher, which is in its Pullum dispute with the car dealer.



Under the old law, the buyer must prove that the car damage was there before the vehicle was removed from the lot Now, the buyer does not have to prove the damage, but must claim damages in times 12 months.
When you buy a car from a dealer, your position that the consumer is much better than two years ago, said Schwengebecher, headquartered in Dietzenbach.
The German lemon law B rgeliches Gesetz buch by 434ss, states that if a used car purchased from a dealer is defective, the dealer must take the car or pay for repairs The law does not apply private sellers.
Getting your money, however, is not as easy to return the car to the lot Defects must be determined to have been present at the time of sale and not caused by wear, said Kerstin Bartnik, lawyer for legal aid German Darmstadt and Hanau.
It's a slippery slope, she said an expert assessment paid by the purchaser can often be the only way to determine if a car is defective or resulted from wear, she said.



Then the dealer can challenge the assessment and the case is settled in court, which is where the dispute is now Pullum.
Three months after driving off the lot, BMW Pullum money is at the mechanic's shop, pending the outcome of the legal case.
I think many Americans buy military used car sales and refuge dealer does have an idea of ​​the German law, said Schwengebecher.
Basics B rgeliches Gesetz buch by the German lemon law.
By law, the German dealers should honor a one-year guarantee for all used cars they sell the dealer is liable for defects usually determined by an evaluation by a third party to have been there at the time of sale; not resulting from normal wear and tear or negligence, for instance, worn brake pads The buyer must file a claim with the dealer before the one-year term has expired The articles of this Directive for consumption that other countries of the European Union also adopted, also apply to other goods, such as mobile homes, computers and other immobile.



Lewis Pullum hasn 39; your spent a lot of time behind the wheel of the 1993 BMW since he bought in April He fights against a dealer in Mannheim to honor the guarantee of a German legal year to repair the car The car began to show signs high mechanical problems a week after he bought LISA S S. HORN








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