What buyers need to know if their electric car significantly misses the promised range.
Does your electric car achieve significantly fewer kilometers in everyday use than advertised? If the actual range falls considerably short of the stated value, this may constitute a defect that entitles you to a refund or replacement. Rogert & Ulbrich will review your case and pursue your rights to rescission, price reduction, or compensation from the dealer and manufacturer.
Insufficient range for electric cars: why this is more than just an annoyance
Many electric car buyers are familiar with the problem: In everyday use, the actual range falls noticeably short of the advertised value. For a long time, this was considered an acceptable effect. However, courts now treat a significant deviation as a legally relevant defect.
The Wuppertal Regional Court has ruled that a real-world range that falls short of the advertised WLTP value by approximately 18 percent constitutes a significant defect and entitles the buyer to rescind the contract. The court clarified that range specifications are not non-binding advertising but rather shape the buyer's legitimate expectations. This ruling brings a whole wave of similar electric vehicle cases into focus.
Is your electric car's range significantly below the advertised range? Have it checked for a defect before important deadlines expire.
When is insufficient range legally considered a defect?
The standard is Section 434 of the German Civil Code (BGB). According to this section, a vehicle is free from defects if it has the agreed-upon characteristics and is also suitable for its ordinary use, including the properties that the buyer may expect based on public statements and advertising by the manufacturer. Range is a key characteristic in this context.
The decisive benchmark is the advertised WLTP value (the standardized test procedure used to determine and market the range). General references to driving style or weather conditions do not render this figure meaningless. As a guideline, courts refer to the Federal Court of Justice's rulings on excessive fuel consumption in combustion engine vehicles: there, a deviation of more than ten percent from the standard value is considered a significant defect. They apply this principle to the range of electric cars. The decisive factor is the comparison under conditions comparable to WLTP, not a single everyday drive.
Whether your deviation reaches the legally relevant threshold depends on the individual case. A thorough assessment will give you certainty before you take action against the dealer.
Your rights as a buyer: subsequent performance, withdrawal, price reduction, damages
If a defect exists, you have graduated rights according to § 437 of the German Civil Code (BGB). Which course of action is advisable depends on whether you wish to keep the vehicle or return it.
- Subsequent fulfillment: Initially, you can request a repair or replacement. However, in the case of a technically caused range limitation, a genuine repair is often not possible.
- Resignation: You return the vehicle and receive the purchase price, less a usage fee. A significant defect is generally a prerequisite.
- Reduction: You keep the vehicle and request a partial refund of the purchase price. This makes sense if you intend to continue using the car.
- Damages: You can claim reimbursement for additional costs, such as for an expert opinion or wasted effort.
When purchasing from a retailer as a consumer, you no longer need to set an explicit deadline since the reform of sales law. It is sufficient that a reasonable period of time has passed after your notification of defects without subsequent performance (§ 475d BGB).
The most economically sensible course of action for you can only be determined on a case-by-case basis. We will assess your options before you make a decision.
This is how the return process works and what you will get back
The reversal process usually takes place in several steps: You document the defect and notify the retailer, you declare your withdrawal from the contract after a reasonable period has expired, and finally the return takes place simultaneously with a refund of the purchase price.
When calculating the refund, you must allow for a deduction based on the mileage driven. This is calculated linearly: purchase price multiplied by the kilometers driven, divided by the expected total mileage. The applicable total mileage is particularly controversial for electric cars, which can significantly impact the refund amount. In the case decided by the Wuppertal Regional Court, the dealer was ordered to refund the purchase price plus interest, upon return of the vehicle.
An excessively high usage fee will cost you real money. Have the calculation checked to avoid being stuck with avoidable deductions.
Typical objections from dealers and how the burden of proof is distributed
Dealers often cite driving style, cold weather, heating, air conditioning, speed, or battery aging as contributing factors to range problems. While these factors play a role, they don't negate the manufacturer's specifications. The comparison under WLTP conditions remains the decisive factor.
Furthermore, there is an important easing of the burden of proof: When buying from a retailer, the burden of proof is reversed for the first year after delivery (§ 477 BGB). If a defect appears during this period, it is presumed that the defect was already present at the time of delivery. The retailer must then prove otherwise. However, you must first prove that a defect actually exists. Therefore, thorough documentation of evidence is crucial.
- Charging protocols: Document charge levels and actual ranges achieved over several trips.
- Photos of the advertisement: Record the vehicle's range and consumption readings.
- Workshop reports: Document every complaint and the workshop's response in writing.
- Correspondence: Keep your purchase agreement, order confirmation, and all communication.
The better your documentation, the stronger your position. We'll tell you which evidence really counts in a dispute.
What you should do now if you are affected
Act quickly, as warranty claims for a new car typically expire two years after delivery (§ 438 BGB). Document the range defect, report it to the dealer, and obtain a legal opinion before making any binding statements.
Do not sign any settlement or waiver agreement until you know what you are giving up.
Rogert & Ulbrich has developed the legal mechanics from tens of thousands of vehicle lawsuits in the emissions scandal, from assessing defects and contract rescission to compensation for use and damages. The firm is now applying this experience to the new wave of electric vehicle defects concerning range, battery, and software.
The sooner your case is reviewed, the more options you have. Secure your claims while the deadlines are still open.
Rogert & Ulbrich – Your lawyers specializing in electric vehicle defect law
Rogert & Ulbrich represents consumers nationwide in vehicle defect law. The law firm of Dr. Marco Rogert and Tobias Ulbrich has handled over 40,000 cases and filed more than 25,000 lawsuits in the emissions scandal. This experience in litigation is now benefiting buyers of electric cars.
We will review your range or battery issue, assess your claims, and negotiate out-of-court settlements with the retailer and manufacturer. If no satisfactory solution can be reached, we will enforce your rights in court, from contract cancellation and price reduction to compensation.
Is your electric car significantly falling short of its promised range? Get in touch and secure your rights.
