Attention! New fraud on mobile.de
On mobile.de (and on many other platforms) are not only reputable providers and prospects. So I almost fell for a (new) scam.
Since my new car can be picked up soon, I have on mobile.de my current for sale. After a few days, a potential interested party who asked very strangely, if all the data of my offer are really correct. Then he would like to buy my car.
First, I wanted to write back that the given data describe my car of course. But I became suspicious, which is why you ask so explicitly. The reason was obvious: I was sent a link from a mobile.de offer, which replicates my car - including photos - exactly. The only difference, however, was that 143.232's mileage became a kilometer reading from 14.232. That the mileage of a car is a significant value factor, should be obvious.
Immediately I wrote to the interested party that the offer is a fake and have objected to the offer on mobile.de.
From our clients (and other scams) we know that the fraudsters are very consistent. Presumably, the prospect would have wanted to quickly conclude a contract of sale. In principle, it would have been enough for us to agree on WhatsApp. A special form or further agreements would not have been necessary.
Theoretically, I would now owe the buyer my car with a mileage of 14.232. That would not be possible. Therefore, the buyer could switch to a compensation instead of performance. A damage is, according to the common definition, "an involuntary asset victim". This means that I would now have to reimburse the buyer the difference in value for these two mileage. In the case of my offered car this would have been at least 15.000,00 €.
In theory: no! Because against the buyer, I have the ground of challenge under § 123 BGB. Also here is a case of § 823 para. 2 BGB in conjunction with § 263 StGB (fraud). However, you should not rest on it. Because in practical terms, several people will work together here. In court then arises the situation that the buyer gives himself unknowingly and refers only to the purchase contract via WhatsApp. In this constellation, it will be extremely difficult for you to prove that you were deceived and not the deceptive one yourself.
But there is the possibility to challenge the contract of sale. This would be done in this case according to § 119 BGB (contestability due to error).
BUT ATTENTION: According to § 121 BGB (contestation period) this appeal must be made immediately, without culpable hesitation. That is why fast action is always required in such cases!
Not necessarily. Because according to § 122 BGB (liability for damages of the contestant) I would now possibly still owe a compensation. This can of course be less than the above example.
If you suspect a dubious behavior on mobile.de, autoscout24.de or other platforms, you should contact as soon as possible a specialized lawyer.
My example shows: Often the highest hurry and a targeted action is required or unpleasant surprises are threatening!
Have you had a similar experience or do you know more scams? Write in our comments and ours Lawyer Stephan Hendel Explains what you should do best in each case.