The Stuttgart Higher Regional Court ruled on April 8, 2025 (case no. 6 U 126/24) that a Tesla purchased online can be successfully canceled. The buyer had canceled the contract more than a year after delivery without having to pay compensation. The reason for this decision was incorrect cancellation instructions from the seller, which delayed the start of the cancellation period, as reported by various legal blogs and Shopbetreiber-blog.de. The buyer wanted to return the Tesla, purchased for €64,970, due to technical defects. This ruling sends a significant signal to consumers in online car sales. It underscores the need to fully comply with statutory information requirements.
Rescission of a Tesla after online purchase – the case in detail
In June 2022, a consumer purchased a Tesla Model 3 through the manufacturer's official online store. The entire purchase process was conducted online, making the contract a typical distance selling transaction. The vehicle was delivered on December 23, 2022. Shortly after delivery, the buyer discovered technical defects and believed that the Tesla did not meet the contractually guaranteed specifications.
Despite several unsuccessful attempts by the seller to remedy the defect, the buyer revoked the contract on December 29, 2023, invoking his statutory right of withdrawal for distance selling. However, the seller rejected the revocation, citing the expired 14-day period.
In the second instance, the Stuttgart Higher Regional Court ruled in favor of the buyer: The cancellation of the contract was recognized as valid, the Tesla must be taken back, and the purchase price must be refunded without deduction for the use of the vehicle. An appeal was allowed.
Why no compensation for value in the Tesla cancellation? The court's reasoning
The Stuttgart Higher Regional Court found that the seller's cancellation policy was not sufficiently tailored to the buyer. It merely contained general phrases such as "If you are a consumer..." without directly addressing the buyer. Furthermore, the seller failed to provide information about return shipping costs or at least an estimate of the return shipping costs, which is required by law for vehicle purchases. Due to these deficiencies, the statutory 14-day cancellation period did not begin to run.
The buyer could therefore effectively revoke the contract even more than a year after delivery of the vehicle. The court also ruled that there is no claim for compensation for the use or loss of value of the vehicle, according to Section 357a Paragraph 1 No. 2 of the German Civil Code (BGB). Compensation for use could only be due for the period after the revocation if the vehicle continued to be used.
Tesla bought online – what the Stuttgart Higher Regional Court’s ruling means for consumers
The Stuttgart Higher Regional Court's ruling makes it clear that the strict provisions of distance selling law also apply to car purchases online. Retailers who provide incomplete or incorrect information about the right of withdrawal must expect the possibility of a reversal – even if the vehicle has already been used for some time.
Vehicles purchased online are subject to the right of withdrawal under distance selling law, meaning that buyers have a right of withdrawal, even for vehicle purchases online. Incorrect cancellation instructions extend this right to up to 12 months and 14 days. In the event of a valid cancellation, buyers receive a full refund – without deductions for mileage or vehicle usage. Compensation for the use of the vehicle is not payable in this case. Furthermore, dealers are required to provide clear and transparent information about return shipping costs for vehicle sales.
