New warranty law for used cars bad for buyers?

New warranty law

Beware of used cars! In this new clause, car buyers threaten problems

New warranty law for used cars bad for buyers?-cars this clause buyers threaten problems
dpa/Armin Weigel/dpa/illustration The Auto1 used car dealer goes to the stock exchange on Thursday.

  • Site author Wolfgang Gomoll

From the 1. The new warranty law comes into force in January, in which the reversal of the burden of proof is extended from six to twelve months. Good news for used car buyers? Not only. Site explains what car buyers should know.

From January 1st, 2022, the new warranty law will come into force. The jumping point in the new provisions is that the Removal of the burden of proof of six to twelve months so far extended will. This also applies to trading in used cars, in which the tickets are mixed for customers and commercial sellers. Because this extension of the period has far -reaching consequences.When reversing the burden of proof, it is assumed that defects that are discovered by the buyer during the defined period of time were already present when buying the product and the seller must take care of the remedy. So far, the dealer has been able to fend this off after half a year – only in the future only after 12 months.

From January 12 months warranty for dealers

These new provisions also apply to the purchase of a used car. In principle, the concept of material deficiency is defined more extensively according to the Bavarian Consumer Center. In the future, a goods should only be free of material defects if they have been agreed in the purchase contract (what was agreed in the purchase contract?), the objective requirements (what can be expected by the buyer?) and the assembly requirements meet. "Especially when buying a used car, it must be regulated very clearly in the purchase contract, which defects may already be known to the buyer," explains Simone Bueb, a consultant for consumer law at the Bavarian Consumer Center.

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All alarm bells at the automotive dealers. Because a deficiency in a car can quickly go into thousands of euros. So there is a threat of a bankruptcy wave? After all, many car dealers are already shot enough due to the Corona crisis.

Higher risk for dealers – higher prices for buyers?

"We expect costly consequences, especially for used car dealers, if they do not act now," says Markus Muller, CEO of the warranty insurer Intec. Many car dealers choose the path of guarantee insurance and include them in the purchase contract. But the problem is only shifted and not out of the world. “The dealer remains the number one contact person. However, the guarantee insurance may be the more uncomplicated way. You don’t have to check and discuss it for long, here, there are clear regulatory agreements, ”says Ansgar Klein, Managing Director of the Federal Association of Freeler KfZ dealers (BVfK).

So everything is vain sunshine for the car buyers? Every medal has a downside. Due to the grown entrepreneurial risk, the BVFK assumes an increase in the purchase price of ten to 20 percent. In addition, older cars could disappear from the offer.

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Older cars could disappear from the market

On the one hand, this is positive because these vehicles are more susceptible to defects, but on the other hand, this could also have negative effects on accident and damage law. Specifically, it is about processing after an accident. Because the replacement value is measured using comparable vehicles available on the market. However, if comparable models are no longer available in commercial trading, no more appropriate price assessment can be made. Even otherwise, less competition rarely helps customers, since the prices often attract due to the reduced selection options.

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From the 1. January 2022 there are a few more points that have a significant impact on the ratio of sellers – buyers. The crux of the new law is that it includes many different product groups. “All regulations related to the so -called digital elements also affect the used car, although the legislator had completely different goods and services here. That will lead to the problem, ”believes Ansgar Klein. It is also about software updates that can lead to a material defect. For smaller used car dealers, the possible consequences are financially a safe without ground. Here, however, there could be a way out by the sellers of being allowed to exclude this update obligation from the warranty. At 14. German Authority Day supported the majority of the speakers this view. But the last word shouldn’t be spoken yet.

Software can also become a material defect

The bureaucracy and the associated paper war are also increasing. “In future. It must be clear from this that the guarantee consists in addition to the statutory warranty rights and that the use of these rights is free of charge, ”says Simone Bueb. For Intec there is no doubt that any shortening of the guarantee from 24 to 12 months must be contractually agreed with the seller. It is obvious that the retailers will try to make the contracts waterproof and in themselves as positive as possible. It is then becoming increasingly difficult for the customer to find your way around this paragraph jungle.

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  • From the 1. The new warranty law comes into force in January, in which the reversal of the burden of proof is extended from six to twelve months. Good news for used car buyers? Not only. Site explains what car buyers need to know. New warranty law – Caution in used cars! In this new clause, car buyers threaten problems

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9 thoughts on “New warranty law for used cars bad for buyers?”

  1. The consumers…..and…."protector"
    A used car purchase will always be associated with a risk. What this now … A used car purchase will always be associated with a risk. What this legislation now causes is that there will be no used less than € 6000 more thanks to the consumer advocates…With us in the country everything went out of hand!!! Keep it up!

    Reply
  2. I sell regularly
    My vehicles after three years. Rule NO 1: I never sell to foreigners, rule no 2: I never sell to naggers who want to talk my always in perfect condition to press the price, rule no 3: I never sell to obvious resellers, rule no 4 : I never sell to these companies that present such pretty videos on TV – I would rather not say anything about them. Rule No 5: I only sell against cash, the license plates stay with me, I report the car myself. The buyer brings red license plates and then reports the vehicle.

    Reply
  3. HWRR KRSS
    And how do you buy a car with combustion engine or diesel engine? They fall vial, under at least one of their rule, with the seller……

    Reply
  4. private sale ?
    Is it forbidden or why is only ever discussed by the dealer ? The ads are full of it in every price range. Guarantee: I prefer to look at the history. 1.Hand and checkser -made from private I prefer a "vertigo" Dealer with "Pseudogary". However, some expertise also helps. Has anyone ever wondered why car dealers do not need any training ???? There should be exceptions….

    Reply
  5. But a community will be happy
    Namely the e-community, you know that these cars are already "malfunction" come on the used car market, and they really complain in front of the court, according to the motto, "Why did I have a 100% range after 5 years as according to the manufacturer?". Logo, you didn’t know beforehand, but these people are not lacking in stupidity, they are not "stupid", only remedied sparingly. I am happy around 2087 that the dishes are no longer negotiating…

    Reply
  6. Gentlemen
    How nice that they all contribute to my amusement. Wonderful how the all (in) knowledge leads to a laughing attack on my part. Thank you for this, please keep it up.

    Reply
  7. Everything we more expensive
    I know from a friend of a friend that used vehicles under 4.500 € are hardly available from a car dealer, since the risk of warranty is too high. With the tightening of the right, in all likelihood, the "Minimum price" increase for a vehicle. This will continue to be able to afford population groups no car. But maybe this was the goal of the measure.

    Reply
  8. @Wolfgang Friedrich
    Who buys from private ? But agree that it is nonsense that because of which fewer people can buy a car.

    Reply
  9. Whether six or twelve months
    rarely plays a role. All used vehicles that I have looked at with dealers in the past seven years (yes, there were no new annual cars) were basically in "Customer order" sold. Everyone involved knows that this is not true, but if in doubt. And especially in the segment up to 5.000 € is unfortunately almost exclusively more or less only black sheep under the suction. Dealer.

    Reply

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