Benedict Schreiber
Lawyer
Buying a car is a significant investment for most people – all the more frustrating when the supposed bargain turns out to be a rip-off.
Whether manipulated mileage, concealed accident damage or a disguised engine failure: When buying a car, fraudulently deceivedwas or false information receives, has legal options – but also has to take a number of things into account.
What does it mean "fraudulent deception"?
Fraudulent deception occurs when the seller knowingly provides false information or withholds essential informationto convince the buyer to conclude the contract. This involves not only outright lies – Concealment of a known defect can already constitute deception if the buyer was entitled to assume that the vehicle was free of defects.
Typical examples are:
• A car that has been in an accident is sold as “accident-free”.
• The odometer reading was manipulated.
• An engine failure was repaired at short notice without any notice.
• It is claimed that the vehicle has a valid TÜV sticker – even though it is not roadworthy.
What rights do I have as an injured party?
If it turns out that the seller has fraudulently deceived the buyer, the buyer can Contest purchase contract, § 123 BGB. The challenge results in the contract being void from the outset applies – that is, the vehicle must be returned and the purchase price must be refunded.
Alternatively or additionally, the termination of the contract can be made via Withdrawal due to defects or Compensation possible. Particularly important: In the case of fraudulent deception no contractually agreed exclusion of warranty applies, as is often included in private purchases. Such deception usually renders corresponding exclusion clauses ineffective.
And finally ...
Buying a car under false pretenses is not only annoying, but can be expensive – but the law provides buyers with strong rights. Anyone who has been deceived should not hesitate to take legal action promptly. Therefore, contact our specialized attorneys in Regensburg, Landshut, and Fürth as soon as possible! We are happy to assist you with all questions relating to car purchases and other traffic law matters!
I purchased a BMW X2 sDrive 20d with 13992 km on the odometer and first registration in April 2025 from the Euler Group, specifically from the Euler Hofheim GmbH dealership. According to the pre-contractual information – part of the purchase agreement – the vehicle has a power output of 120 kW. The purchase agreement is dated March 20, 2026. After receiving the vehicle documents – vehicle registration certificates Part I and II, as well as the TÜV inspection certificate – on April 2, 2026, I discovered that the vehicle registration certificate only listed 110 kW. Furthermore, a necessary repaint on the rear of the vehicle was concealed and not mentioned in the purchase agreement. The information in the purchase agreement was limited to minor signs of wear and tear and small stone chips. How can I proceed? In particular, I would like a reduction in the purchase price due to defects and the promised features. The purchase price was €42.993, paid by bank transfer. No leasing or financing. Conclusion: The vehicle advertised as a 20d only has the engine of an 18d (see brochure specifications). This mislabeling occurred not only in the brochure but also, as described above, in the "Pre-contractual Information" as part of the purchase agreement. What level of compensation can I claim? The reduced power output of 110 kW instead of 120 kW is approximately 9,09%. Can I therefore demand a price reduction? Plus compensation for the apparently concealed rear-end damage, which would require repainting. This was stated by the seller after I wanted to see the vehicle during the handover of the vehicle documents but couldn't because it was at the paint shop. Please provide a brief assessment of the chances of success in pursuing these outrageous claims. Incidentally, I have legal expenses insurance through an ADAC supplementary policy for company vehicles. Will I receive coverage from ADAC for this case? Or is it likely that ADAC will stonewall due to their close ties with BMW? I would be very grateful for any information. Sincerely, F. Kriesler – Brief inquiries can be sent by email to: fkriesler@aol.com Tel.: 0177 – 310 64 85 – Compensation or a significant price reduction is preferred, as the purchased car is otherwise apparently okay (according to the TÜV report dated March 30, 2026).
Dear Mr. Kriesler,
Thank you for your message.
Based on your description, there is a good chance of successfully asserting claims against the car dealership. If the vehicle was sold to you as a BMW X2 sDrive 20d with 120 kW, but the registration documents only state 110 kW, this strongly suggests a material defect as defined in Sections 434 and 437 of the German Civil Code (BGB). The decisive factor is what was contractually agreed upon. The same applies to the apparently undisclosed rear-end damage and the necessary repainting.
A price reduction is generally possible. However, it is not legally calculated simply based on the percentage difference in kW, but rather on the actual difference in value between the vehicle as sold and the vehicle as actually delivered, § 441 BGB (German Civil Code). Additional depreciation may also apply due to the undisclosed rear-end damage. Compensation for damages may also be considered.
It is advisable now to request a written statement and subsequent performance from the seller, clearly stating both points of contention. If no satisfactory solution is reached, a price reduction, contract cancellation, or damages may be considered. It is important that you secure all documents, especially the purchase contract, pre-contractual information, advertisement, vehicle registration documents, vehicle inspection report, and, if possible, photos.
Submitting a coverage request to your ADAC legal expenses insurance also seems advisable. In my opinion, the case should generally be eligible for legal protection if the corresponding traffic law coverage exists. A rejection solely due to ADAC's close ties to BMW would not be legally tenable.
In summary, I consider your chances of success to be quite good. The next sensible step would be to send a letter from a lawyer to the car dealership and, at the same time, request coverage from your legal expenses insurance.
With kind regards,
Stephan Hendel
Lawyer