Patrulha do Consumidor: Moto de luxo apresenta problemas no câmbio com pouco tempo de uso

Summary

In a gripping consumer rights case, a luxury BMW motorcycle owner, Alessandro, faces a transmission defect post-recall, leading to a protracted repair exceeding the 30-day legal resolution timeframe. With damages surpassing R$100,000, the case underscores the tension between consumer expectations and manufacturer obligations. Despite a dealership's efforts, the delay in part imports and contractual nuances spotlight the challenges in upholding consumer rights. The situation escalates with legal nuances and a potential lawsuit, highlighting the imperative for adherence to consumer protection laws and the intricate dance between consumers, dealerships, and manufacturers.

Takeaways

• 😠 Alessandro's expensive BMW motorcycle had a defect after a manufacturer's recall
• 😤 The dealership took over 30 days to fix the issue, violating consumer protection laws
• 😡 The dealership tried to make Alessandro sign an abusive clause to waive his rights
• 😒 The motorcycle parts took months to arrive from overseas
• 😟 Alessandro notified the dealership he wanted a refund after 30 days
• 🙄 The dealership incorrectly claimed they were following the law
• 😩 Alessandro was not able to use his motorcycle over the holidays as planned
• 😖 There are many other cases of motorcycles with problems after recalls
• 😣 The importers must respect Brazil's laws and consumers
• 😃 Celso Russomano is helping Alessandro get his consumer rights enforced

Q & A

What kind of vehicle does Alessandro have issues with?

Alessandro has issues with an expensive BMW motorcycle that cost around 140,000 BRL.

What was the problem with Alessandro's motorcycle?

Alessandro's motorcycle had issues shifting gears properly after a worldwide BMW recall that was meant to prevent transmission problems.

How long did the dealership have to fix the issue by law?

According to Brazil's Consumer Protection Code, the dealership had 30 days to fix the issue.

Did the dealership fix the motorcycle within 30 days?

No, the dealership took much longer than 30 days to fix the motorcycle due to waiting for parts.

What did the dealership claim about the repair timeframe?

The dealership claimed their repair order allowed them to take up to 120 days to fix the issue.

Why was the dealership's claim about the timeframe invalid?

Their repair order clause extending the timeframe was invalid because it was imposed without consumer consent, violating consumer protection laws.

What solution did Alessandro originally request?

Alessandro originally requested to return the motorcycle for a full refund after 30 days passed without resolution.

Why did Alessandro need the motorcycle fixed quickly?

Alessandro needed the motorcycle fixed quickly because he had planned a trip with it over the holidays.

Did the dealership provide a replacement motorcycle?

No, despite initially offering a replacement, the dealership later declined to provide one.

What recourse does Alessandro have available?

Alessandro can sue BMW for failing to meet consumer protection laws regarding repair timeframes and parts availability.