GRP Rainer LLP

Rights in the Case of Defects in the Law of Sale


Cologne, Germany -- (SBWIRE) -- 03/27/2013 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London explain: The Hamm Higher Regional Court (OLG) ruled in its judgment of 7 February 2013 (Az.: I-28 U 94/12) that a purchaser can withdraw from a purchase agreement if a newly purchased car, even under test conditions, consumes 10 % more fuel than stated in the sales brochure. It follows from the purchaser’s option to withdraw that the vehicle lacks the properties which the purchaser might expect based on the specifications from the sales brochure.

The OLG had to reach a decision in a case in which the claimant had acquired a vehicle at a car dealership that was being promoted in the sales brochure with fuel values. After the purchase, the claimant complained of excessive consumption figures, yet the defendant’s rectification of the defect failed. The claimant subsequently declared his withdrawal from the purchase agreement to the defendant and demanded from him repayment of the purchase price for return of the vehicle. The defendant, on the other hand, disputed the existence of a defect in the vehicle.

The Hamm OLG confirmed the purchaser’s option to withdraw due to the excessive fuel consumption of the new car and found in favour of the claimant. If a newly purchased car consumes 10 % more fuel than stated in the sales brochure, even under test conditions, the purchaser can withdraw from the purchase agreement according to the judges. Even if the real consumption figures depend on numerous influences and the individual manner of driving and could not therefore be readily compared with the brochure specifications, the purchaser can expect the consumption figures from the brochure to be reproducible under test conditions.

Should it nevertheless become a matter of rescinding an agreement, a lawyer active in the field of contract law can also support you in this regard and point out your possibilities, as well as represent you judicially and extrajudicially.

GRP Rainer LLP is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner
GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne

Phone: +49 221-27 22 75-0 click my link