In the course of the diesel scandal (emissions scandal, Dieselgate), unfortunately, many vehicles are also devalued, whose exhaust gas control was not manipulated.
BMW, for example, is – according to current knowledge – less affected by the diesel scandal than Volkswagen or Daimler. The Kraftfahrt-Bundesamt ordered the recall of the models 550d and 750d. BMW insists, however, that the exhaust control system was only inadvertently favorably influenced by software that had been installed.
Nevertheless, all BMW diesels have dramatically lost value on the used car market. The loss in value is particularly annoying for BMW diesel owners who have factored in a reliable value for their car on the used car market, for example if the car was financed with a car loan or leased.
Also, driving bans affect older diesels quite independently of the manufacturer of the car.
Undo purchase and loan with diesel recall
Who has financed or leased with a car loan from BMW Bank, can in some cases by means of a legal "trick" to undo the purchase and credit. This trick, also known as the diesel revocation joker, has the following background in brief: the legislator grants consumers the right to revoke a loan agreement within two weeks of signing it. The consumer must be instructed about this. Also, the bank must inform the consumer about numerous things in detail (e. B. Termination options, the method of calculating the early repayment penalty). If the consumer was not correctly and completely instructed, the revocation period does not stop, but lasts "forever".
If the BMW Bank car loan was arranged by the dealer, the purchase and loan constitute sog. Related transactions. The revocation causes then not only the dissolution of the credit, but also the purchase. The consumer can return the diesel, the loan is repaid. He may only have to accept a deduction for the use of the car.
Diesel revocation also possible with BMW Bank
The Federal Court of Justice (BGH) has declared BMW Bank's contracts up to the 2016 contract generation to be legal. The contracts after 2016 are essentially the same. Nevertheless, the revocation may still be effective if the borrower has been given the contracts not completely handed over were. This did not occur so rarely in the practice of car dealers. The borrower can easily check for himself whether the contract has been handed over in full by looking at the numbered contract pages.
Result: the revocation of a car loan from BMW Bank can be effective even years after purchase. BMW diesel owners can return the diesel, the loan from BMW Bank is thus repaid. In court, a so-called. A settlement can be reached in which the diesel owner keeps his vehicle and the bank makes a payment to compensate for the loss in value.
Free initial consultation
Attorney Dr. Schweers gladly examines your options. Contact without obligation by e-mail and telephone and send best your purchase contract and the loan agreement of the BMW Bank for free initial review. The cost coverage request to the legal protection insurer makes Dr. Schweers for you also free of charge.
Consumer advocate with experience
The Stiftung Warentest leads lawyer Dr. Schweers as a successful lawyer. The Handelsblatt reported on its legal tips regarding the diesel scandal.