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!
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