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Emergency

Withdrawing from a car purchase: when it is possible

Your newly bought car has a significant defect, and you want to undo the purchase? Withdrawal is possible, but tied to conditions: usually you must first give the seller a chance to remedy the defect.

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Your chances of getting your money back

In the case of a material defect that already existed at handover, you can withdraw from the purchase after an unsuccessful deadline for subsequent performance (§§ 437, 323 BGB), provided the defect is not minor.
When buying from a dealer you have strong rights (warranty, reversal of the burden of proof in the first 12 months). In a private sale, a warranty exclusion often applies, except in cases of deceit or a guarantee.

What you should do now

  1. 1

    1. Check the defect and its significance

    Document the defect (workshop report). For withdrawal it must be significant; minor defects only entitle you to a price reduction.

  2. 2

    2. Set a deadline for subsequent performance

    Ask the seller in writing to repair or replace the item, with a reasonable deadline (for example, 14 days).

  3. 3

    3. Declare the withdrawal

    If subsequent performance fails (as a rule after two attempts), declare the withdrawal in writing and demand the purchase price back, step by step against return of the car.

  4. 4

    4. Mind the compensation for use

    In the reversal, the seller may offset the kilometers driven as compensation for use.

Frequently asked questions

Can I withdraw immediately?

As a rule, no. The seller has a right to subsequent performance. Only when it fails, is refused, or is unreasonable can you withdraw, and only if the defect is not minor.

Do I get the full purchase price back?

In principle yes, step by step against return of the car. However, the seller may deduct compensation for use based on the kilometers driven.

Take action now

We put together the ready-made texts and the right places to contact for you.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.