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Emergency

Odometer tampered? A clear case with a used car

It later turns out that your used car has run considerably more than stated in the listing? Odometer tampering is a fraudulent deception. Then clauses like 'bought as seen' or 'no warranty' do not help the seller either.

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Your chances of getting your money back

A false mileage figure is a defect. If the odometer reading was tampered with or fraudulently concealed, you can rescind or void the sales contract, and a warranty exclusion then does not apply (§§ 123, 444 BGB).
In a private sale too, the exclusion does not protect the seller if they knew the true mileage or guaranteed a certain figure. Odometer tampering can also be a criminal offense (fraud).

What you should do now

  1. 1

    1. Prove the actual mileage

    Secure the listing or contract with the stated mileage and obtain proof of the real mileage (workshop or service history, previous owner, an expert).

  2. 2

    2. Declare rescission or avoidance

    Declare to the seller the avoidance for fraudulent deception, or the rescission, and demand repayment step by step against return of the car.

  3. 3

    3. Check for damages

    Besides the reversal, claims for damages (for example, costs, difference in value) come into consideration.

  4. 4

    4. Consider a report

    Odometer tampering can be fraud, a criminal report is possible and supports your civil claims.

Frequently asked questions

Does 'bought as seen' help the seller in odometer fraud?

No. In case of fraudulent deception, and a tampered or knowingly falsely stated mileage counts as such, the seller cannot rely on a warranty exclusion (§ 444 BGB). You can void or rescind, in a private sale too.

How do I prove the tampering?

Through the service or repair history, earlier inspection reports, statements from previous owners or an expert report. Even a mileage figure guaranteed in the contract or listing that is demonstrably false establishes a defect and your claims.

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.