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.
What happened?
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.
What would have happened if I had not noticed the error?
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.
What would be the consequence?
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 €.
Do I really have to pay the money?
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.
What then is the solution for such cases?
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!
I challenged the contract of sale. Is everything good now?
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.
And finally ...
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 Attorney Stephen Hendel Explains what you should do best in each case.
Dear sir Hendel,
on 11.01. put my 12 year old Peugeot on mobile.de for € 2.500 VB. After 1 minute, a number reported via WhatsApp and offered me € 2.900. I've shown interest. In the phone call that followed, the seller told me the price would have been for an automatic transmission and he had mixed it up. The retailer's purchase price is € 1.500. Unfortunately I agreed and accepted the contract sent via whatsapp. The car is to be picked up and paid for on January 28.01.2021, 11.01. On the evening of January 10th I noticed in the supermarket parking lot that I had a 16.01 cm scratch on the front apron. Perpetrator unknown. I called the dealer and sent him photos of the scratch and all other signs of wear on the vehicle. Today on January 1500 the dealer called me and tried to put me under further pressure. I told him that I would give the car over for 1500 € and that I would not be put under any pressure. He got angry and claims that the car was damaged in an accident and threatened me with claims for damages and his legal department. After the battle of words and his suspicion that I was a fraud and that it does not matter whether I have a lawyer or the police know about the scam, I told him that I would only give the car on the conditions of XNUMX €.
I don't know now whether to leave it at that. I have legal protection insurance and don't know if I need a lawyer.
Greetings Risto Scherer
Dear Mr. Scherer,
in principle, you should not allow yourself to be put under pressure in this regard. If you have legal protection insurance, you should contact a lawyer (at least for an initial consultation). In your case, it cannot be ruled out that the dealer is attempting to depress the price in an impermissible manner.
With kind regards,
Attorney Stephan Hendel
Hello, last week we were cheated on mobile.de, you cloned a dealer, you sent us photos, chassis number and invoice. We paid money to an iban. After a short time, the fake page was deleted.
Beware!
We translated this from Italian using Google.
Hello everyone, in October last year I bought a used Skoda Octavia from a car dealer in the Gütersloh district. As it turned out with a serious defect in the warranty period. The dealer refuses any contact, neither to letter, e-mail, registered mail and personal delivery of the documents no response. After the statutory reworking period, which I registered with the help of a lawyer and video evidence, no reaction either, because I need a car (60 km by bike to work for a month every day) I commissioned the repair. Since I do not have legal expenses insurance, there are ways to get the repair costs. The best thing about this is that the company has now been renamed and the son is the managing director. And nobody on Autoskout and Mobile de is interested. Can you warn publicly?
Greetings from South Hesse.
Dear Mr. Ahlheim
You basically did everything right. I would now file a lawsuit against the dealer (if a natural person acted, against him personally). In principle, it is also irrelevant whether his son is the managing director. You may of course appear publicly on this matter. You just have to tell the truth, so that (in case of doubt) you cannot be warned with success.
With kind regards,
Stephan Hendel
Lawyer
Dear Mr. Hendel,
We did paid for a car that happend to be a fraud. The advertisement looked as from a trusted dealership, all the pictures and ther invoice look OK. There were few small details that we overlooked, but it was our fault. My question is to whom we have to report this fraud in order the responsible person to be prosecuted. Anyway there should be somebody registered behind the bank account and e-mail domain. Thank you for your help.
br
nickolai
Dear Nickolai,
You can file a criminal complaint with the prosecutor's office or the police. I would share here all the information you have from the person (bank account, mail address, etc.). Then the probability is high that you find the fraudster. Is it a German bank account? We are also happy to help you with the criminal complaint.
Kind regards
Stephan Hendel
Lawyer
good day mrHendel,
Like some other people, I got swindled in a fairly naive and shameful manner on mobile.de.
I bought a car from a German "seller" by international wire transfer, and it turned out to be a fraud after I began digging deeper.
Sadly, I was pretty confident in my purchase because I thought I was thorough in my search for potential discrepancies.
As it turned out, the company is real, but the webpage of the owner itself was hacked, and the fake phone numbers were maliciously inserted.
Would you suggest if there is anything else I can do if I already filed the police report at my local police station (Spain)? I am not from Germany, but I read that supposedly the police moves the case to Europol and then that would navigate Germany.
Thanks
Hallo,
I was also made an offer for my vehicle in a very dubious way. The first message was if I could email him. Here the status is asked again. Then my relatively high offer was accepted immediately.
I became skeptical here and didn't answer anymore. Which apparently was a good thing too when I read about these tricks. The vehicle should also be picked up by a forwarding agent.
Thanks for the warnings, greed eats brains.
Lg
Buying a car and having it picked up by a trucking company - is that a scam?
It's relatively difficult to say based on the information you have provided.
With kind regards,
Stephan Hendel, LL.M.
Lawyer
I am currently in contact with a similar person who would like to buy my advertised car, which is quite expensive, via long-distance purchase/shipping. What makes me suspicious is that although questions are asked (sometimes only latently, but still in rather clumsy German), my questions are never addressed.
Telephone contact is refused because they are supposedly deaf (could be anything, but there is a lot of potential for mistrust here). Then I got smart.
The scam seems to work in such a way that everything looks good at first and the money is supposed to come via bank transfer. After the shipping company came and took over the vehicle and the documents, the money was suddenly frozen by the foreign bank because the buyer claimed not to have received the vehicle and handing it over to the shipping company is probably not 100% legally secure proof in banking Document handover. So – I will stop contact here and will not respond to any further inquiries. Buying a car – only at the BAT (Bar auf Tatze!) tariff 😉
Hello Mr Hendel,
I have a current case here. Received today's mail - how should I proceed here, apart from not paying the 750 €, of course. To file charges ?
Hello, I have just completed the payment for the vehicle and I am sure that you have received confirmation from the bank regarding the payment. You can check your email after payment confirmation. I would like you to give me your address so that collection can be arranged. I have made an additional payment of 750.00 euros and I am sure you have noticed this, you must send the additional payment amount immediately to the carrier's account details so that he can arrange the collection and you should also provide your address where you will come for the collection must provide, as well as the necessary screenshot payment information. I would like you to send the excess amount to my collection point, where you normally confirm each commission payment. Here is the information about the pick-up agent head office needed to send the money.
Bank name: FINANCIÈRE DES PAIEMENTS ELECTRONIQUES
Agent Name: S….. J.. St…
IBAN: FR76……………43
BIC: FP……..XXX
Reference: 927……..20
You should send the money soon so the pickup is scheduled and you know when the pickup starts make sure you are home. I recommend you to check both your inbox and junk/spam folder for payment confirmation, so just send the additional amount to the carrier immediately, this is how I want you to go ahead and fill the deposit without hesitation because The bank's rules and regulations and I guarantee you that your money is going to be released as soon as you make the deposit today as well.
You can send me back with your address.
On Tue, 13 Jun 2023 at 07:45, COL …. L... T... wrote:
I am very sorry for my late reply, I will proceed with paying your money first thing in the morning. But I would like to inform you that you should check your email often and often for confirmation of your payment. Also all your information has been sent to the shipping company and I believe they will contact you as soon as possible. I gave a shipping agreement to fill out and sign if you give please sign it as well. Thanks
YOU CAN ALSO CHAT ME ON WHATSAPP: +46 (765) … – … MANY THANKS AND PLEASING TO HAVE BUSINESS WITH YOU. THANKS ..
I'm curious how you see it. The previous one was the interest in my ad for a Tesla Model 3 on mobile.de. The interested party first asked me to get in touch by email and then sent me a signed ADAC sales contract along with a scan of his passport. So it all looks very inconspicuous and binding at first. After the third mail, however, I was now asked to pay his forwarding costs for the collection and transport from Munich to Stockholm.
Regards
Dear Mr Brühmann,
You summed it up perfectly correctly that this is a fraud case. Under no circumstances should you pay the amount. Whether you file a criminal complaint for fraud is a matter of taste. This usually comes to nothing because the perpetrators can only rarely be identified. Personally, however, I would file a criminal complaint.
With kind regards,
Stephan Hendel, LL.M.
Hello. I would like to sell a car via mobile.de and autoscout24 and have placed an ad. An interested party came forward and accepted the price without viewing or a test drive (five-figure amount). He wouldn't have the time personally and would have the car picked up by global shopping center service. This all seems strange to me. Do you already have experience with this? Thanks
We sold our car.
We placed an ad and were then called and negotiated a price over the phone. The buyer then sent a purchase agreement via email. The ad we placed said that the vehicle had 3 previous owners and the contract did not say the previous owner but rather the vehicle owner. There should have been 4 instead of 3 here, we overlooked this.
When the buyer arrived, he checked everything very carefully and then pointed out this point. This would have reduced the price by €2.000!!! turned off. We rejected that and were then told that compensation and recourse claims would be made if he drove without a car.
In my opinion this is a scam. We felt a lot of pressure.