BMW NÃO CUMPRE GARANTIA POR FALTA DE PEÇA DE REPOSIÇÃO

Summary

In Jundiaí, 50 km from São Paulo, 'Patrulha do Consumidor' takes on the case of Alessandro, who faces issues with his BMW motorcycle after a global recall. Despite its high purchase price and low mileage, the bike suffered gearbox problems post-recall. The repair, guaranteed under consumer law to be completed within 30 days, was delayed, leading Alessandro to seek a refund or a replacement, as permitted by law. The dealership's failure to comply within the stipulated time, combined with an unjustified charge for motorcycle storage, prompts a detailed examination of consumer rights, highlighting the challenges consumers face in enforcing their rights against large corporations.

Takeaways

• 😠 Consumer had problems with his BMW motorcycle after a recall
• 👨‍🔧 Dealer took 30 days to diagnose the problem
• ⏰ Repair exceeded 30 day legal limit per Consumer Defense Code
• 📜 Dealer contract tried to extend limit to 120 days
• 🤔 Consumer distrustful after recall issues
• 💵 Wanted refund not replacement bike
• 😡 Was promised loaner bike but deal fell through
• 🌴 Couldn't take planned vacation trip
• ⚖️ Exploring legal right to cancel sale and get refund
• 🔎 Will follow up on outcome and issues for other bikes

Q & A

What was the reason for the recall of the BMW motorcycles?

There was a worldwide recall of certain BMW motorcycles, including the model owned by Alessandro, to update the software and synchronize the engine with the transmission.

What problem did Alessandro's motorcycle develop after the recall service?

After the recall service, Alessandro's BMW motorcycle started having problems shifting gears properly between 1st, 2nd, 3rd and 4th gears.

Why didn't the authorized BMW dealer fix Alessandro's motorcycle within 30 days?

The dealership claimed they needed to order replacement parts from BMW which would take 30-60 days to arrive. They did not have the parts in stock to fix it within 30 days.

What are the consumer's rights under Brazil's Consumer Protection Code regarding repairs?

Under Article 18, if a defect is not fixed within 30 days, the consumer can demand a replacement product, immediate refund of the amount paid, or monetary compensation.

How did the dealership try to circumvent the 30-day repair deadline?

The dealership had a clause in their service order stating the customer agreed to extend the deadline up to 120 days, but this violated the Consumer Protection Code since it was non-negotiable.

What temporary solution did Alessandro request from the dealer?

Since the repairs were delayed, Alessandro asked the dealership to provide a loaner motorcycle so he could still use it over vacation as originally planned.

Why did Alessandro ultimately request a full refund instead of waiting for the repair?

After the recurring issues even after the recall, Alessandro lost faith in BMW's reliability and preferred a refund instead of risking problems with a replacement bike.

What recourse does Alessandro have if the dealer continues refusing a refund?

If the dealership refuses the refund request after 30 days, Alessandro can file a lawsuit against BMW to recover his payment plus damages.

How could BMW better support consumers and comply with Brazil's laws?

BMW should keep adequate parts stocked locally, resolve repairs promptly, and honor consumer rights instead of using contract clauses to avoid their legal obligations.

What systemic issue does Alessandro's case highlight regarding automobile companies in Brazil?

This case shows that some auto companies do not fully comply with consumer protection laws in Brazil, even though they follow them properly in other countries.