2023 Author: Eric Donovan | [email protected]. Last modified: 2023-05-21 15:44
Damage to a new car is annoying. But they do not automatically entitle you to return the vehicle, say the judges. First of all, the dealer must be given another chance.
Even significant defects in a newly purchased car do not justify the return. This emerges from a judgment of the Saarland Higher Regional Court (OLG) in Saarbrücken. Rather, the buyer must generally set the dealer a deadline to remedy the defects. According to the judgment published in the journal "OLG-Report" (Ref.: 8 U 494 / 07-140), he can only withdraw immediately from the purchase contract if the damage cannot be repaired or the dealer has expressly refused.
Approve remedial action
The court dismissed a car owner's lawsuit against a car dealer in the case. After buying a car, the man discovered that the paintwork was damaged and the gearbox was faulty. But instead of giving the dealer the opportunity to repair the damage, he asked for the purchase price to be repaid.
The OLG denied him this right. Every vehicle seller is basically allowed to make improvements. Because it would be disproportionate to grant a buyer a right of return, although the defect can be remedied easily. In this case, for example, this could have been done by installing a replacement gearbox. (dpa / gms)
