What warranty rights exist for used electric cars and what role battery age and contract clauses play.
Is your used electric car not achieving the expected range? Special considerations apply to used cars, from shortened warranty periods to battery age. This article explains your rights, how the reversal of the burden of proof helps, and what to look out for in exclusion clauses.
Warranty on used electric cars
Even when buying a used electric car from a dealer, you as a consumer have warranty rights. If the vehicle is defective, you can demand subsequent performance, a price reduction, rescission of the contract, or damages according to § 437 of the German Civil Code (BGB). These rights exist independently of any additional warranty.
One important difference compared to a new car concerns the warranty period. For used cars, the dealer is permitted to reduce the warranty to one year for consumers. If no such reduction is stipulated, the standard two-year warranty period applies from the date of delivery. A review of the purchase contract will reveal what was agreed upon.
It should also be noted that when buying from a private seller, the warranty is usually effectively excluded. The following information therefore primarily concerns purchases from a retailer.
Is your used electric car falling short of its expected range? Have your legal rights and deadlines checked.
Range when buying used goods: the right benchmark
Even with a used electric car, range is a characteristic of the vehicle according to § 434 of the German Civil Code (BGB). However, the standard is different than with a new car. The full range of a new vehicle is no longer expected, but rather the range that is typical for the vehicle's age and mileage.
Some age-related battery degradation is normal and not a defect. However, a defect should be considered if the range drops significantly more than would be expected given the vehicle's age and mileage. For a general assessment of range deviations, please refer to our page on... Reversal of an electric car purchase due to insufficient range the right starting point.
If a specific range or battery condition was explicitly guaranteed at the time of sale and this is not achieved, a defect is more likely. General statements such as "up to a certain range," on the other hand, should be assessed with more caution.
We will determine whether your range is still within the normal range for your age or constitutes a defect, based on age, mileage and battery condition.
Battery age as a key issue
With a used electric car, much depends on the condition of the drive battery. It's the most expensive component and significantly determines the range. The battery's health, or "state of health," indicates how much of its original capacity remains.
- Age-related degradation: A moderate loss of capacity over the years is normal and not a defect in itself.
- Noticeable degradation: If the remaining capacity is significantly below the range typical for age and mileage, a defect may be present.
- Assurance: If a certain battery condition was guaranteed and not achieved, this strengthens your position.
Therefore, before buying a used electric car, it's worth having the battery's condition assessed. After the purchase, this assessment serves as crucial evidence if the range proves disappointing.
Do you suspect that the battery in your used car has aged too quickly? We'll check whether this is still normal or constitutes a defect.
Utilizing the reversal of the burden of proof
A key advantage of buying from a dealer is the reversal of the burden of proof according to § 477 of the German Civil Code (BGB). If a defect appears within one year of delivery, it is presumed that the defect was already present at the time of delivery. The dealer then has to prove otherwise.
This is particularly helpful with used electric cars, as troubleshooting battery issues is technically complex. However, you must first demonstrate that a defect actually exists, meaning that the range drops more significantly than expected for a vehicle of this age. If you succeed in this, the presumption will work in your favor.
After the first year, the burden of proof shifts; you then have to prove that the defect was already present at the time of delivery. This makes early action particularly important.
Does the deficiency become apparent within the first year? Then your position is particularly strong. Have the case reviewed promptly.
Exclusion clauses and their limits
Retailers often try to limit warranties through clauses in the sales contract. Not all of these clauses are legally valid.
- Reduction to one year: For consumers, a reduction of the warranty period to one year for used cars is generally permissible.
- Complete exclusion: A complete exclusion of warranty is ineffective when selling to consumers.
- Sold as seen: Such a formula only excludes visible defects, not hidden defects such as a noticeably aged battery.
Especially with electric cars, range and battery deficiencies are typically hidden because they only become apparent during operation. A blanket exclusion clause often does not then infringe upon your rights.
Is the retailer invoking an exclusion clause? We will check whether it is even valid and covers your claim.
What you should do
To protect your rights when buying a used electric car, several steps are important.
- Secure documents: Keep the purchase contract, advertisement, and all information regarding range and battery condition.
- Have the battery checked: An expert report on the state of health shows whether the degradation is typical for the age.
- Report the deficiency early: Report the insufficient reach in writing, ideally within the first year.
Further basics on the procedure when Buying a used car from a dealer with defects We have compiled this information separately. Rogert & Ulbrich are experienced in enforcing such claims in numerous vehicle-related legal proceedings. emissions scandal trusted.
Do not accept any settlement offer before your case has been reviewed. The sooner you act, the stronger your case will be.
Rogert & Ulbrich – Your lawyers specializing in electric vehicle defect law
Rogert & Ulbrich represents consumers nationwide in vehicle defect law and has its own Automotive sector. The law firm of Dr. Marco Rogert and Tobias Ulbrich has represented a large number of consumers in the emissions scandal for many years and conducted vehicle litigation against dealers and manufacturers. This experience in enforcement is now benefiting buyers of used electric cars.
We review your purchase agreement, assess the battery's condition, and enforce your warranty rights against the retailer. We negotiate out of court and, if necessary, pursue your rights in court, from repair or replacement to price reduction and contract cancellation.
Is your used electric car not achieving the expected range? Get in touch and secure your rights.
