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Emergency

New car with defects: rectification, withdrawal and rescission

Even a new car can be defective, from recurring failures to software problems. First, the seller has the right to rectification. If the defect remains or errors accumulate, withdrawal (return against the purchase price) comes into consideration, usually minus compensation for use.

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Your chances of getting your money back

In the case of a defect you have the defect rights under § 437 BGB: supplementary performance, then withdrawal or reduction. In a purchase from a dealer, a warranty of two years applies, in the first twelve months with a reversal of the burden of proof (§ 477 BGB).
On withdrawal you get the purchase price back but have to have compensation for use for the kilometers driven credited. A merely insignificant defect does not justify withdrawal, but it does justify a reduction.

What you should do now

  1. 1

    1. Document the defects

    Keep a defect log: each fault with date, garage visit and result. Keep all repair reports.

  2. 2

    2. Demand rectification with a deadline

    Demand remedy of the defect in writing with a reasonable deadline. Document the attempts.

  3. 3

    3. Establish failure

    If the defect remains after the permissible attempts, the rectification has failed, and then withdrawal comes into consideration.

  4. 4

    4. Declare withdrawal

    Declare the withdrawal and demand the purchase price concurrently against return, minus compensation for use. Because of the high amounts, legal help is sensible.

How to spot the scam

  • The same fault occurs again after every repair.
  • The garage drags out the rectification for months.
  • You are told that for new cars there is 'no warranty', which is not true.

Frequently asked questions

Can I return a defective new car?

After unsuccessful supplementary performance yes: you can withdraw from the purchase contract and demand the purchase price against return (§ 437 BGB), minus compensation for use. For only insignificant defects, reduction remains.

How is the compensation for use calculated?

As a rule based on the kilometers driven in relation to the expected total mileage of the vehicle. It is deducted from the purchase price to be reimbursed.

How long do I have a warranty?

In a purchase from a dealer, two years. In the first twelve months, it is presumed that a defect that occurs already existed at handover (reversal of the burden of proof, § 477 BGB), which makes enforcement easier 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.