What rights do buyers have if an update affects the vehicle?
If, after a software update on your BYD device, the app connection, navigation, or online services no longer function reliably, this may constitute a defect. If attempts to rectify the problem fail, you may be entitled to a refund, a price reduction, or compensation. Rogert & Ulbrich will assess your specific rights and enforce them against the seller and manufacturer.
What drivers are reporting after the update
Modern electric vehicles receive regular software updates, usually wirelessly via the vehicle's data connection (over-the-air updates). These updates are intended to improve functions or fix bugs. In practice, however, new problems sometimes occur after an update.
In a case currently being handled by our firm, a BYD vehicle has experienced significant problems since a software update. The following issues were particularly affected:
- App connectionThe vehicle could no longer be reliably paired with the manufacturer's app. Remote functions such as status queries or pre-conditioning were only available to a limited extent.
- navigationThe integrated navigation system malfunctioned or failed intermittently.
- Online services: Connected functions that the vehicle was supposed to offer according to its specifications were not usable.
Several repair attempts at the workshop were unsuccessful. Other BYD drivers have also reported problems after software updates in forums and user reviews. Whether this is a widespread issue affecting a large number of vehicles or a specific model has not yet been officially confirmed. Ultimately, your claim depends on the condition of your own vehicle.
Are you experiencing similar problems? Document every outage and have your rights reviewed early.
Legal classification: When a software error constitutes a defect
A vehicle is defective if it does not have the agreed-upon characteristics or is not suitable for its ordinary use (§ 434 German Civil Code). This also includes functions that are part of the vehicle according to the brochure, equipment list, or purchase contract. Anyone who buys an electric car with app control, navigation, and online services has the right to expect these functions to work reliably.
For consumers, special rules also apply to goods with digital elements (§ 475b BGB). The seller must ensure that updates necessary for maintaining the conformity of the contract are provided. If an update itself causes the defect, the vehicle is no longer in conformity with the contract. The update can therefore trigger the defect instead of remedying it.
If a defect appears within one year of delivery, it is presumed in favor of the consumer that it was already present at the time of delivery (§ 477 BGB). In the case of defects that only arise through a later update, the seller's obligation to update the software is also relevant.
A software bug is not merely a loss of convenience when promised features are missing. Don't let yourself be fobbed off with the promise of the next update.
Rectification, withdrawal and price reduction
If a defect exists, you can initially demand subsequent performance (§ 439 BGB). The seller is given the opportunity to remedy the defect, for example by reinstalling the software or providing a corrected update.
As a rule, a repair attempt is considered unsuccessful after the second failed attempt (§ 440 BGB). In that case, you have further rights:
- resignationYou return the vehicle and receive a refund of the purchase price (Sections 323, 346 of the German Civil Code). A usage fee is usually deducted for the kilometers driven.
- reduction: You keep the vehicle and demand a partial refund of the purchase price (§ 441 BGB).
- damagesIf you have incurred additional costs, such as for expert opinions or replacement mobility, these may be reimbursable under further conditions (§§ 280, 281 BGB).
Rescission of the contract is excluded if the defect is insignificant (§ 323 para. 5 sentence 2 of the German Civil Code). Whether a software error is significant depends on the individual case, in particular on the extent of the malfunctioning functions and the effort required to correct the error. Repeated failed repair attempts strongly suggest that the defect is significant.
If the attempt to rectify the situation has failed twice, you shouldn't wait any longer. Have it checked whether a cancellation of the contract is possible in your case.
Typical mistakes made by those affected
Many buyers waste time or weaken their position because they only report the error verbally or rely on non-binding promises. Common mistakes include:
- Missing documentationWithout photos, videos, error messages and workshop reports, it will be difficult to prove the defect later.
- No written notice of defects: Reporting by phone or hotline alone is often insufficient to properly initiate deadlines.
- Endless waiting for updatesAnyone who constantly relies on the next update risks missing deadlines. The limitation period for new cars is generally two years from delivery (§ 438 BGB).
- Wrong defendantWarranty claims are directed against the seller. A manufacturer's warranty (§ 443 BGB) exists separately and has its own terms and conditions.
- Unauthorized interventions: Custom software modifications or third-party accessories can complicate the investigation of the cause and jeopardize claims.
Keep a record of every workshop invoice and every repair order. These documents will be crucial later.
Special features of leasing and financing
If your vehicle is leased, the leasing company is the owner. In most lease agreements, warranty claims are assigned to the lessee. You can then assert these rights against the seller yourself. Terminating the lease agreement directly affects the contract and must be carefully considered. Further information on... Lease and rental car return You can find them here.
Financing through the manufacturer's bank or a bank cooperating with the dealer may constitute a linked transaction. A valid cancellation of the purchase agreement can then also have consequences for the loan agreement. In this case, the purchase and financing must be considered together.
Similar questions arise with other electric vehicles. Our article explains how a return process works in cases of discrepancies in performance data. Reversal of an electric car purchase due to insufficient range.
Lease or financing agreements will continue until the matter is resolved. Have both contracts reviewed together.
Here's how to proceed now
Anyone who is experiencing persistent problems after a software update should proceed in a structured manner:
- Document errorsNote the date, time, software version, and affected function. Photos and videos of the error messages serve as evidence.
- Report the defect in writingReport the defect to the seller in writing and demand rectification within a specified timeframe.
- Workshop reports are requiredHave every repair attempt and its result confirmed in writing.
- After two failed attempts, actIf the attempt to rectify the situation fails, the customer may withdraw from the contract or demand a price reduction.
- Have it reviewed by a lawyerBefore submitting a notice of resignation, the significance of the resignation, deadlines, and compensation for use should be examined.
In the case described at the beginning, the declared resignation was accepted without legal proceedings. However, each case must be assessed differently. Whether and how quickly an agreement is reached depends on the specific circumstances.
Do you want to know what your rights are? Describe your case to us.
Rogert & Ulbrich: Your lawyers in automotive law
Rogert & Ulbrich has represented vehicle buyers for many years in cases involving defects, recalls, and manufacturing errors. Attorneys Dr. Marco Rogert and Tobias Ulbrich have been involved in the emissions scandal, among other matters. Tesla defects and has gained experience in numerous other automotive litigation. The firm has handled over 40,000 cases and filed over 25,000 lawsuits. Further information on this area Automotive You can find them here.
We will assess whether a software error constitutes a significant defect, support you in reporting the defect and its rectification, and declare your right to rescind the contract or demand a price reduction. If no agreement can be reached, we will also enforce your claims in court.
Your BYD is no longer working as agreed since the update, and the workshop can't find a solution? Get in touch and secure your claims.
