Failure to remedy a claimed defect in the vehicle
reimbursement of repair costs
Code: OBOB00134
Question
Our company purchased a vehicle from a car dealer that was covered by a contractual warranty. We have complained about defects (faults) in the vehicle, but the dealer has refused to repair them. Can we have the vehicle repaired and then claim compensation from the dealer? This situation is not regulated in the contract.
The answer
As this is a contractual relationship between two entrepreneurs, we assume that the purchase contract is governed by the provisions of the Slovak Commercial Code. Within the scope of liability for defects, these give the buyer the option of demanding repair or reduction of the purchase price; in the case of defects that constitute a material breach of contract, the buyer can also withdraw from the purchase contract. In principle, the buyer therefore does not have the option of having the vehicle repaired at the seller’s expense within the scope of liability for defects). The buyer retains the right to compensation, but only to the extent that satisfaction is not possible under the liability for defects. Only if the satisfaction of the defects of the vehicle does not fully compensate for the financial loss incurred by the buyer due to the defect of the vehicle, the buyer retains the right to compensation.
For those interested in additional information on this answer, we offer special pricing conditions. So if you have a similar problem or are unsure about the timeliness of the answer, please do not hesitate to contact us. A small investment in preventive counseling can sometimes reduce the cost of fixing the problem significantly.