2023 Author: Eric Donovan | [email protected]. Last modified: 2023-05-21 15:44
Buyers of a new car can withdraw from the sales contract if the model does not achieve the technology of comparable offers from the competition. The status within the respective vehicle class is always decisive.
Anyone who buys a new car whose technology is out of date can cancel the purchase. That was decided by the Higher Regional Court (OLG) Karlsruhe. The judgment published on Monday concerned an off-road vehicle for 29,000 euros, which was technically up to date with vehicles from the same series, but had significant deficits compared to comparable off-road vehicles of the vehicle class. The OLG gave the buyer the right to return the car to the dealership for a refund of the purchase price.
Clear deficits
The vehicle accelerated at a speed of 140 kilometers per hour only after a delay of ten seconds, which according to the OLG can make overtaking dangerous. Due to the outdated technology, the cruise control only reacted after a while, and the car bucked and vibrated when it reached the top speed of 174 kilometers per hour. An expert had determined that the deficits corresponded to the standard of this type.
According to the judgment of the OLG, on the other hand, the general state of the art within a certain vehicle class is decisive when it comes to the question of whether a vehicle is defective. In this case, the car was even below the standards of the previous model - which is why the buyer should have been informed. This allows the buyer to withdraw from the contract; In doing so, however, he has to take into account the advantage he had from the temporary use of the car. (dpa)
