🛠️ Garage, repairs, guarantee and recall
In brief
If a repair is defective, you have claims against the garage. For maintenance and repair these become time-barred two years after acceptance. You can often have a dispute settled free of charge by a Kfz-Schiedsstelle.
If the Kraftfahrt-Bundesamt orders a recall, taking part is compulsory. If you ignore the recall, the registration authority can prohibit operation.
Step by step
- Ask for a cost estimateGet the price and scope in writing before placing the order.
- Check on collectionA defect should be reported when you take the car back.
- Arbitration boardContact the Kfz-Schiedsstelle if you cannot agree.
- Recall databaseCheck with the KBA whether your vehicle is affected.
Deadlines
- For a fraudulently concealed defect, the regular limitation period applies instead of the short one (§ 634a BGB).
- Whether recalls are free of charge for you was not checked in full text.
- A manufacturer's guarantee and statutory defect rights are different. Read the guarantee terms in your individual case.
- Garage rights such as lien, cost estimate rules and storage were not checked.
In depth · legal basis, figures and practice – for advisers and professionals
Contract for work (§ 634a BGB)
Defect claims become time-barred in two years for work whose result consists of producing, maintaining or altering an item, and start with acceptance. For fraudulent concealment of the defect, the regular limitation period applies.
Kfz-Schiedsstellen (search hits only)
They settle disputes between customers and motor-trade businesses out of court, since 1970, usually without proceedings costs. Composition: representatives of the motor trade and ADAC and a publicly appointed expert of the DAT. A contract with the business is required. The boards are listed by federal state on kfz-schiedsstellen.de.
Recall (KBA)
The Kraftfahrt-Bundesamt orders recalls if manufacturers do not act themselves. Manufacturers use keeper addresses from the Central Vehicle Register (ZFZR). According to the KBA, taking part is compulsory. If keepers ignore the recall, the KBA informs the registration authorities, who can prohibit operation. According to the KBA, the recall database is available at https://www.kba-online.de/rrdb/buerger/.
Not checked
Costs of the recall repair, guarantee terms, rights in case of emissions manipulation (diesel proceedings).
A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.