Conflict in buying car (contract)

Transportation, Travel and Trips
21
Related to these questions, if what you want and signed up to (manufacturer's warranty to Sept 24) doesn't actually exist or cannot be provided, you need to think ahead about what viable remedy you actually want or will accept from the other party.

22
I confirmed today with manufacturer that it will not be extended. For a years warranty I think a refund of a couple thousand would be acceptable. This would be 4% off my purchase price and even though it wouldn't cover a serious fault would at least be something.

But the guy is not entertaining anything.

23
And people wonder why this sort of thing goes on so much here.

The OP is potentially a few thousand francs out of pocket.

The dealer has admitted they made a mistake.

The contract shows the error. The OP has not been guilty of not reading the contract.

The dealer is being completely dishonorable to himself and his profession.

Seems pretty clear cut to me.

24
I’m not sure why everyone is talking about the dealer when the OP appears to have purchased via a private sale.

It seems to me that the seller wrote what the buyer wanted into the contract the both signed even though he knew it wasn’t true.

He basically made a sale under false pretences and is now unwilling to do anything about it.

I think the OP needs to contact his legal insurance if he has one or a lawyer if he doesn’t. It is probably worth a one off consultation fee with a lawyer just to find out where he stands.

25

You're right. It's probably because the word dealer was mentioned in the first sentence and we skim read.

Does that change the legality of a written contract? In a country where a verbal contract is legally binding, I doubt it.

26
No but it changes who is at fault - the seller and not the dealer.

OP still not clear if you have third party warranty until Sept 24th or not... Clear you do not have dealer warranty but not if there is ANY warranty.

27
It was a manufacturer's warranty.

28
It was advertised as having a manufacturer’s warranty until September 2024 and was sold as such with that date stated in the contract.

This is in fact not true and after consulting a dealer the OP discovered that the warranty actually expires some time in 2022 (he didn’t specify exactly when) so he is rightly annoyed about it and is looking for some form of recompense.

At least that’s how I understand it.

29

I think your best bet is to get a warranty like this one:

https://quality1.ch/fahrzeughalter/

then try to pressure the seller into paying for it (or part of it), using all legal help that you have available. I think the chances of having the car returned to the seller and cancelling the entire contract are very slim.

Obviously it won’t compare to manufacturers warranty but if you don’t trust the car without a warranty, it’s definitely better than nothing.

30
Agreed this is the situation. I find it really bizarre that how vague any such remediation is. Even talking to Swiss colleagues they are kind of puzzled as to what could be done.

But miss one payment on a phone bill and it seems like its debt collection central!

I guess it would have to go down the legal route then. I really didn't want to "do" this to someone, but his stubbornness is leaving me with zero options! If something serious happens in 2023 or 2024 and I am left with a huge bill then it becomes even messier. Chances are (fingers crossed!) that nothing would happen but it takes away all peace of mind in having such a car (I certainly would not have paid the same!).

31
This is a misrepresentation in the contract. Buyer would not have bought the car without this misrepresentation. You should lawyer up.

32

there are more holes here than in Emmenthal cheese !

33

It's the only one I heard of because that's what was offered on a car that I bought once. Do you know of any third party warranty which is not so bad, or are they all terrible?

34

Would have to see the contract to give a concrete decision on what your options are but this site covers most legal avenues :

https://www.myright.ch/de/rechtstipp…ngelhafte-ware

My suggestion would be to send a registered letter to him using the template there demanding a price reduction. If he doesn’t respond to that by the time given,then you’ll probably have to go the legal route.

35
He categorically stated that he would offer nothing, it was a mistake and should be treated as such.......then blocked me on whatsapp.

Random. Guess legal it is.

36
Hence my suggestion to use a registered letter, not whatsapp.

Registered Letters are really Switzerland 101. Learn to use them.

37

None of them are particularly good, their objective is to get your premium and avoid paying out !!

To give you an idea, a 2 year extension on a Mercedes GLC (plug in hybrid/gas), bought from a Merc dealer in Germany, (6 months old) was €450'ish for 2 extra years on top of the original 2 years.

38
But that was a dealer's (i.e. "custom") warranty, not the actual manufacturer warranty, right?

(the manufacturer warranty being the one that can get you to repair pretty much any faulty "non-consummable" part in any part of the world, the dealer warranty being one with lots of strings attached and cover limits and limits to where you can service the car etc)

Not all brands even offer extension of manufacturer warranty (as far as I remember), and even when they do you must fulfill some conditions (car must have been serviced and sold/re-sold through the franchise network, etc)

39

No it is a standard manufacturers warranty issued by Mercedes Benz through their dealership of Mercedes garages.

I can go to ANY Mercedes dealer and the warranty will be honoured, it was purchased on Germany but i have already used it in Switzerland. Carbon brakes on a CLS 63, replacement of front discs and pads....Chf 16k

Once the guarantee is issued, it can be transfered either via private or dealer sale, no restrictions.

Needs to be serviced by an appointed agent of the manufacturer.

40

Then I must say you got pretty good value for the money...