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Buying a used car can be associated with considerable risks. Very many sellers - dealers or private individuals - conceal the known defects of the object of purchase. Depending on the individual case, an affected buyer can contest their declaration of intent to conclude the contract and/or declare their cancellation of the purchase contract.
As experts in purchase and warranty law, we advise and represent clients throughout Germany and help affected buyers to assert their rights as quickly as possible. For financial reasons, most affected buyers are dependent on first having to recover the purchase price paid before they can purchase a replacement vehicle.
The easiest way to obtain the cancellation of a purchase contract is to declare the rescission of the declaration of intent to conclude the contract.
For this purpose, the declaration of avoidance (Section 143 BGB) must be made to the seller in text form (e-mail, WhatsApp message, SMS or similar).
The declaration of avoidance must be made immediately (Section 121 BGB) or, in the case of fraudulent misrepresentation, within one year (Section 124 BGB) of becoming aware of the misrepresentation (avoidance period).
In order for the declared avoidance to result in the nullity of the contract (Section 142 BGB), a reason for avoidance is required.
The biggest challenge in the avoidance situation is to demonstrate and prove the actual grounds for avoidance.
As a rule, only fraudulent misrepresentation (Section 123 BGB) can be considered as a ground for avoidance.
An experienced lawyer can do the following to increase the chances of success in such legal proceedings:
⇒ Contacting the previous vehicle owner and requesting documents; ⇒ Obtaining a court expert opinion on defects of which the seller must have been aware; ⇒ Obtaining a court expert opinion by reading out the vehicle's control unit; ⇒ Obtaining information from databases by reverse searching the vehicle identification number; ⇒ Questioning witnesses during a court hearing, etc.
⚠️ Important: Cancellation is particularly important for sales contracts between private individuals. Unlike traders, private individuals can exclude the statutory warranty. However, a contracting party's right of avoidance cannot be excluded and remains intact in any case.
In addition to the right of avoidance, a used car buyer is - under certain circumstances - entitled to make use of the statutory warranty rights. This right is particularly available to consumers (private individuals) who purchase a vehicle from a dealer (entrepreneur).
The provision of Section 477 BGB (reversal of the burden of proof) and the special provision of Section 475d BGB (relief for cancellation and compensation) are of particular importance here.
The special provision of Section 475d enables affected buyers to declare their cancellation of a car purchase contract even if the seller has not been formally set a deadline, but has not carried out any rectification or subsequent delivery despite the expiry of a reasonable deadline.
The provision of Section 477 BGB makes it easier for consumers to provide evidence in court. If a defect occurs within one year of the transfer of the purchased item, it is assumed that this defect was already present at the time of the transfer of risk (transfer of the purchased item).
If we are mandated, the first thing we need - in addition to the signing of our mandate documents - is the concluded purchase agreement with all pages and all additional agreements.
Unfortunately, it has recently become ‘fashionable’ for dealers to present customers with special agreements on the shortening of the limitation period and have them sign them. In any case, such additional agreements are only permitted to a limited extent in relation to offenders (Section 476 BGB).
We then send a letter to the other party and set a deadline for the reversal of the transaction after a complete review of the documents.
After expiry of the first deadline, we typically request a further cancellation and announce the filing of a lawsuit.
If the last deadline expires without result, we will file an action with the competent court after prior authorisation by our client.
Our clients benefit from our experience in sales and warranty law as well as our consistent and assertive representation.
🔹 Our strengths:
✔ Professional expertise - highly qualified expertise in sales and warranty law ✔ Personal advice - Personal support from start to finish ✔ Rapid assistance - efficient & speedy processing of your used car reverse transaction ✔ Transparent costs - clear and understandable information about all fees incurred ✔ Nationwide representation - pre-litigation and litigation throughout Germany
📞 1. get in touch
Give us a call or send us an e-mail - we will provide you with a quick initial assessment of your request.
📑 2. case review & strategy development
We analyse your ‘situation’ in detail and develop a tailor-made strategy for you.
⚖ 3. enforcement of your rights
Whether out-of-court negotiations or legal disputes - we enforce your claims with determination.
Tolga Topuz is the founder of Topuz Law and has in-depth knowledge and experience in labour law, contract law and general commercial law. After studying law at the Ruhr University in Bochum and working in well-known major law firms, he founded his own law firm in order to provide clients with independent, committed and personalised advice.
With a clear focus on customised solutions and uncompromising enforcement of client rights, Topuz Law has established itself as a reliable partner in contract law.
📍 Office Location:
Topuz Law
Parkstraße 22
40477 Düsseldorf
📞 Phone: +49 211 43637831
📧 E-Mail: info@topuz-law.de
🕒 Opening hours:
Monday - Friday: 07:30 – 19:00 Uhr
📩 Use our contact form for a quick & non-binding initial consultation!
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