lawyer Marco Rogert It explains under what conditions a return is possible and what steps those affected should now consider.

Read the full article at Focus Online here and find out what options are available to you.

Der Beitrag Plug-in-Hybrid verbraucht deutlich mehr als versprochen? Das können Sie tun erschien zuerst auf R&U.

Current studies However, other sources paint a different picture. Numerous vehicle owners report significantly higher real-world fuel consumption. This raises the central legal question: Does a substantial discrepancy between official fuel consumption figures and actual everyday consumption constitute a material defect within the meaning of Section 434 of the German Civil Code (BGB)?

New Fraunhofer study: Real-world consumption up to 300 percent higher

A recent study by the Fraunhofer Institute for Systems and Innovation Research (ISI), based on real driving data from around one million plug-in hybrid vehicles from the years 2021 to 2023, comes to a clear conclusion: The average real fuel consumption is around six liters per 100 kilometers – and thus around three times higher than many official WLTP figures.

What's remarkable is the data basis. Unlike traditional test bench investigations, this study analyzed real-world driving data from the road, transmitted digitally by the vehicles. This makes it the first study to systematically depict actual everyday use.

Why is the combustion engine activated more frequently?

Many buyers assumed they would be able to operate their vehicle almost exclusively on electric power. In practice, however, it turns out that the combustion engine starts up significantly more often than expected.

The causes include climatic conditions, performance demands during acceleration, software-based protection mechanisms for the battery, and real-world driving profiles that deviate significantly from the standardized WLTP test cycle. Even in predominantly electric mode, measurable fuel consumption occurs.

This raises the question for many affected individuals as to whether the advertised consumption figures are realistically achievable under everyday conditions.

Legal classification: When does a material defect exist?

According to § 434 of the German Civil Code (BGB), an item is defective if it does not possess the agreed-upon or customary quality. In particular, it is decisive whether the consumption specifications have become part of the contractually owed quality or at least give rise to a legitimate expectation of the buyer.

The courts have repeatedly ruled that significant and lasting discrepancies between prospectus information and actual consumption values can constitute a defect – especially if the information was decisive for the purchase.

Depending on the individual case, the following claims may be considered:

• withdrawal from the purchase contract
• Purchase price reduction
• damages
• Challenge due to fraudulent misrepresentation
• Potential tort claims against the manufacturer

Especially in light of the case law related to the diesel scandal, courts are increasingly critically examining whether manufacturers' information was suitable to economically influence consumers.

Parallels to the diesel scandal?

Also in diesel scandal Officially approved test bench results were in significant contradiction to real-world driving conditions. While the technical reasons differ, the legal question remains whether inherently unrealistic testing procedures present a distorted picture of actual usage.

Should structural and systematic deviations be confirmed, this could create a new area of liability for manufacturers.

Tax advantages and subsidies – a poor economic decision?

Many buyers opted for a plug-in hybrid due to financial incentives such as the 0.5 percent rule for company cars, environmental bonuses, or favorable CO₂ ratings.

However, if actual consumption proves to be significantly higher, this can considerably alter the economic calculations. In such cases, the question arises whether the purchase decision was based on inaccurate consumption assumptions.

Have your claims legally reviewed now.

Current research suggests that numerous buyers of plug-in hybrid vehicles may have been economically disadvantaged.

Whether your specific case involves a material defect, a misleading consumption statement, or a claim for rescission or compensation depends on the individual circumstances.

We will review your contract documents, the advertised consumption figures, and your actual usage situation, and assess possible warranty or tort claims.

Get your case legally assessed now, free of charge and without obligation.
The sooner you act, the better you can protect your rights.

FAQ – Plug-in hybrid fuel consumption and legal rights

Der Beitrag Plug-in-Hybride mit falschen Verbrauchswerten? Schadensersatz und Rücktritt vom Kaufvertrag prüfen lassen erschien zuerst auf R&U.

However, recent studies show that there are often significant differences between the official test results and real-world consumption.

Study using real vehicle data: Significant deviations from the test bench.

A study by the Fraunhofer Institute for Systems and Innovation Research ISI analyzed real-world driving data from approximately one million plug-in hybrid vehicles manufactured between 2021 and 2023. The data was collected directly from the vehicles, thus reflecting actual usage patterns in road traffic.

The result is clear:

The average real-world fuel consumption was around six liters per 100 kilometers – in some cases three to five times higher than the official WLTP figures.

Differences emerge depending on the model, manufacturer, driving profile and, above all, the charging behavior of the users.

The WLTP test procedure – realistic or theoretical?

The official fuel consumption figures are based on the standardized Worldwide Harmonized Light Vehicles Test Procedure (WLTP). This test procedure is designed to create comparable conditions across Europe and was introduced to deliver more realistic results than the previous NEDC procedure.

However, the WLTP remains a laboratory test procedure. The tests are carried out under defined conditions on a chassis dynamometer – without individual driving styles, without real weather conditions, and without real traffic situations.

In everyday life, however, numerous factors influence consumption:

• Driving style and acceleration behavior
• Outside temperatures
• Heating and air conditioning requirements
• Battery charging behavior
• Route profile (short distance or long distance)
• Software-based control strategies

Charging behavior plays a particularly important role. If the battery is not charged regularly, a plug-in hybrid will predominantly operate in combustion engine mode – resulting in correspondingly higher fuel consumption.

Technical concept: Benefits only with consistent use

The basic principle of a plug-in hybrid makes technical sense. An electric motor handles short trips in city traffic, while the combustion engine provides additional range on longer journeys.

However, this concept only works under certain conditions:

If the vehicle is charged regularly and used predominantly for short distances, the electric driving share can be high and the fuel consumption can actually be low.

However, if charging infrastructure is lacking or the vehicle is primarily used for long-distance travel, the balance shifts in favor of the combustion engine. In such cases, fuel consumption can rise to the level of conventional gasoline or diesel vehicles.

It is also noticeable that even in "predominantly electric mode," some models still exhibit measurable fuel consumption. The combustion engine sometimes kicks in to provide support – for example, under high power demand or at low temperatures.

Differences between manufacturers

The study also shows that real-world fuel consumption figures vary considerably depending on the manufacturer and model. While some vehicles achieve comparatively low average values, others are significantly higher.

Key factors include:

• Battery capacity
• electric range
• Vehicle weight
• Drive control coordination
• Software strategies for engaging the combustion engine

The technical design therefore has a significant influence on actual consumption.

Company car subsidies and tax advantages

Plug-in hybrids have been heavily promoted in the company car sector in recent years. This was based, among other things, on reduced CO₂ emissions and tax advantages for the private use of company vehicles.

Since these advantages are based on official consumption and emission figures, real-world usage data is increasingly coming into focus in public discussions. If actual emissions are significantly higher than stated, the question of the transparency of the assessment criteria inevitably arises.

Transparency, consumption data and possible legal assessment

The discrepancy between official test results and real-world fuel consumption is not purely a technical issue. For buyers, the real question is whether the advertised fuel consumption figures have met their reasonable expectations of the vehicle.

Although WLTP values are legally explicitly designated as test bench values, they nevertheless have considerable significance for many buyers when making a purchase decision. This is especially true if specific fuel consumption figures are highlighted in the sales brochure, if the vehicle's environmental advantages are clearly emphasized or presented as a key selling point, or if fuel efficiency and fuel savings were the main focus of the consultation.

However, whether this can lead to legal consequences always depends on the specific individual case and the individual usage situation of the vehicle.

Conclusion: Usage determines profitability

Plug-in hybrid vehicles are not inherently a problematic technology. They can certainly offer advantages – but only with consistent electric driving and regular charging.

However, current findings clearly show that official consumption figures and actual everyday consumption can differ considerably. For consumers, this means that individual driving style and charging habits are crucial for actual cost-effectiveness.

What affected buyers should check now

Anyone who notices significantly higher fuel consumption than expected with their plug-in hybrid should review the contractual terms. check carefully let.

Key points include:

• Purchase agreement
• Sales brochure and advertising statements
• Specifically guaranteed consumption figures
• individual consultation situation
• actual deviation between WLTP value and real consumption

Depending on the circumstances, this may give rise to legal claims. A thorough review of the documents will clarify possible options and courses of action.

Der Beitrag Plug-in-Hybrid im Realitätscheck: Studie zeigt deutlich höheren Kraftstoffverbrauch als offiziell angegeben erschien zuerst auf R&U.

The shipping scam combines elements of the advance payment trap with a seemingly professional process. Precisely because the process appears structured, comprehensible, and reputable at first glance, many buyers only recognize the fraud very late.

What is the shipping company trick when buying a car?

In the shipping scam, the seller claims the vehicle is located elsewhere, or even abroad, and cannot be handed over in person. Instead, it will be delivered by a shipping company. The seller explains that this is necessary for professional, family, or logistical reasons. Often, an international connection is established, for example, through alleged stays abroad or previous residences.

Subsequently, buyers receive fake shipping confirmations, fabricated invoices, tracking numbers, or links to deceptively realistic websites of alleged logistics companies. The aim is to create trust and trigger a payment, either for the purchase price, shipping costs, or supposed insurance services. Delivery never occurs.

Why the shipping company trick is particularly dangerous

The shipping company scam is so convincing because it suggests a well-organized process. Buyers believe they are part of a structured delivery procedure. The geographical distance is presented as a legitimate reason, not a warning sign. The involvement of a supposed shipping company creates the impression of a neutral third party, further reinforcing the deception.

Many victims only realize they've been scammed when delivery dates are repeatedly postponed or contact is suddenly broken off. By this time, the money has usually already been transferred.

Money transferred – is this a case of fraud?

Legally, fraud occurs if the seller never intended to deliver the vehicle and deceived the buyer with false information about delivery, shipping, or payment security in order to gain a financial advantage. This is particularly the case if the shipping company does not exist or was deliberately used as part of the deception.

Even if the process appeared professional or documents were presented, this does not rule out fraud. On the contrary, forged documents are a typical tool used in this scam.

What steps are advisable after discovering the shipping company's scam?

Even if the money has already been transferred, one shouldn't prematurely assume the case is hopeless. A swift legal assessment is crucial. Payment methods, recipient accounts, communication histories, and websites used can provide starting points for further action. Furthermore, filing a police report promptly is important to enable investigations and secure evidence.

Is there any chance of getting the money back?

Whether a refund is possible depends on the individual case. Factors such as the timing of the transfer, the type of recipient account, the speed of the response, and the possibility of identifying the perpetrator are crucial. Even if a full refund cannot be guaranteed, a legal review is advisable in many cases to explore all possible options.

How to protect yourself from the shipping company trick

A significant warning sign is any situation in which a vehicle cannot or should not be handed over in person. Vehicles should always be inspected and handed over on-site. Payments made before handover or to foreign accounts carry a high risk. Anyone who is put under time pressure or confronted with seemingly professional delivery procedures should scrutinize the process very carefully and, if in doubt, seek legal advice.

Support from our law firm

If you have fallen victim to a shipping company scam when buying a car, or suspect that a supposed delivery is merely a hoax, early legal review is advisable. Our firm analyzes the entire process, assesses the legal situation, and supports you in enforcing any potential claims. The goal is to limit financial losses and develop a legally sound course of action.

FAQ – Frequently asked questions about the shipping company trick when buying a car

Der Beitrag Speditions-Trick beim Autokauf – Fahrzeug angeblich unterwegs, Geld weg? erschien zuerst auf R&U.

Many victims only contact a lawyer after the purchase price or a deposit has already been transferred and the seller can no longer be reached. Even in this situation, legal action is advisable. The crucial thing is to understand the processes involved and to take the right steps early on.

What is meant by the advance payment trap when buying a car?

In the advance payment trap, the buyer is tricked into transferring money before receiving the vehicle. This payment is either for a supposed reservation fee, transport costs, or the full purchase price. The seller often justifies the advance payment with high demand, time constraints, or organizational difficulties. After payment, contact ceases, or a series of excuses are offered. In many cases, the vehicle does not exist or was never seriously offered for sale.

Why this scam works so often

The advance payment trap deliberately exploits psychological effects. Attractive prices create a sense of urgency, professionally worded messages convey trustworthiness, and the lack of personal contact lowers the threshold for fraud. Furthermore, many buyers perceive bank transfers as a secure payment method, even though they offer no buyer protection. This combination leads even cautious buyers to fall for the scam.

Money transferred – is this legally considered fraud?

Legally, fraud occurs when the seller never intended to deliver the vehicle and deliberately deceived the buyer about their willingness to pay or deliver in order to gain a financial advantage. This is particularly the case if false identities were used, the vehicle does not exist, or the payment request was solely for deceptive purposes. In such cases, both civil and criminal legal action may be taken.

What options are available after the transfer?

Even if the money has already been transferred, the case isn't automatically lost. The crucial factors are how quickly the investigation is launched and what information is available. Payment methods, account details, communication histories, and advertisements can provide important starting points. A legal review can clarify whether there are grounds for recovery or whether claims against involved third parties are possible.

Chances of getting the purchase price back

Whether and to what extent the transferred money can be recovered depends on the individual case. Key factors include the time of the transfer, the recipient of the payment, the speed of response after the fraud was discovered, and the possibility of identifying the perpetrator. In some cases, payments can be secured or at least legally investigated, even if a full refund cannot be guaranteed.

How you can protect yourself from the advance payment trap in the future

The most important protection is to make no payments before personally handing over the vehicle. Vehicles should always be inspected on-site, original documents checked, and the seller's identity verified. Unusually low prices and time pressure are serious warning signs. Anyone who is unsure should seek legal advice before making any payment.

Support from our law firm

If you have fallen victim to an advance payment trap when buying a car, or suspect you have been defrauded, it is advisable to seek legal counsel early on. Our firm analyzes the entire situation, assesses the legal position, and supports you in enforcing any potential claims. The goal is to limit financial losses and develop a legally sound course of action.

FAQ – Frequently asked questions about the advance payment trap when buying a car

Der Beitrag Betrugsmasche: Vorkasse-Falle beim Autokauf – Geld überwiesen, was tun? erschien zuerst auf R&U.

The case concerns a Mercedes GLC 220 d 4Matic with the OM 651 diesel engine. The vehicle was equipped with a SCR system equipped for exhaust gas purification using AdBlue. However, in the court's opinion, the specific design of the SCR control – in particular the switching logic between different dosing modes – constituted a impermissible shutdown device This led to exhaust gas purification being restricted under certain conditions, which could result in higher nitrogen oxide levels in real-world driving than on the test bench.

The plaintiff, represented by the Rogert & Ulbrich Law Firm, Mercedes-Benz subsequently demanded damages. While the Erfurt Regional Court had already ruled in favor of the buyer in the first instance, Mercedes-Benz appealed – but without success. The Jena Higher Regional Court essentially upheld the first-instance ruling and clarified that Mercedes was liable to the plaintiff for damages based on a negligent violation of Section 823 Paragraph 2 of the German Civil Code (BGB) in conjunction with Sections 6 and 27 of the EC Vehicle Approval Regulation (EG-FGV) liable.

The judges considered it proven that Mercedes had failed to provide the buyer with a incorrect certificate of conformity The company had been granted a permit because the vehicle had been put into circulation with an illegal emissions control system. Neither the approval by the Federal Motor Transport Authority (KBA) nor the subsequent software update changed the liability. The company's attempt to plead a so-called mistake of law was also unsuccessful.

Conclusion

The ruling is another important victory for affected diesel owners. It shows that even after software updates, manufacturers remain liable if the exhaust gas purification system continues to be technically manipulated. Affected buyers can therefore continue to successfully pursue their claims. Claims for damages against Mercedes-Benz assert your claim.

Der Beitrag OLG Jena verurteilt Mercedes-Benz im Dieselverfahren – Kläger erhält Schadensersatz wegen unzulässiger Abschalteinrichtung erschien zuerst auf R&U.

In Germany, approximately 136,500 vehicles are affected. In the US, approximately 195,000 more vehicles must be inspected. BMW has not disclosed an exact global figure, but one thing is clear: numerous models produced between September 2015 and September 2021 are affected – including in Asia and other European countries. BMW is informing affected customers directly.

Possible consequences of the defect

Water penetration into the starter motor can cause corrosion, starting problems, short circuits, and localized overheating. BMW explicitly warns: In the worst case, the vehicle could catch fire.

The risk exists even when the car is parked. BMW therefore recommends keeping the vehicle outdoors until repairs are completed, and not near buildings or garages. BMW has not disclosed the cost of the recall. However, given the necessary starter replacements and, in some cases, more powerful batteries in hundreds of thousands of vehicles, the sum is likely to be substantial.

Der Beitrag Feuergefahr bei BMW: Rückruf von 136.500 Fahrzeugen in Deutschland erschien zuerst auf R&U.