Why the advertised top performance is not always achieved and when a quality agreement exists.
Is your electric car charging slower than advertised? Not every deviation is a defect, as the advertised peak charging speed is only achieved under ideal conditions. However, a defect may exist if the vehicle consistently falls significantly short of the advertised charging speed or if it has been subsequently throttled. This article explains when a closer look is worthwhile.
Why the actual charging power differs from the advertised power
The charging power specified by manufacturers is a peak power, for example, up to 150 kilowatts. However, the vehicle only reaches this value briefly and under ideal conditions. This is because every electric car follows a so-called charging curve.
At the beginning, when the battery is low, it accepts the highest charging power. As the charge level increases, the charging power decreases, and above approximately 80 percent, it drops significantly to protect the cells. For this reason, it is generally recommended to only charge to around 80 percent at fast chargers for everyday use.
Other factors also affect the charging speed. A cold or very warm battery charges more slowly because the battery management system protects its power. A less powerful charging station delivers less than the car can accept. And a vehicle with 400-volt technology cannot technically access the highest charging station outputs. Therefore, a certain deviation from the advertised peak output is normal.
Is your vehicle charging noticeably slower than you expected? Have it checked to see if this is still normal or if it already indicates a defect.
Quality agreement or marketing?
The legally decisive factor is the significance of the advertised charging capacity. According to § 434 of the German Civil Code (BGB), a vehicle must possess the agreed-upon characteristics and, furthermore, the qualities that a buyer may expect based on public statements made by the manufacturer.
Therefore, two cases must be distinguished. If a specific charging capacity was expressly agreed upon, for example as a concrete value in the purchase contract or order, then a quality agreement exists. If this value is not achieved, a defect is likely.
The situation is different with a general advertising claim. The phrase "up to a certain performance" is a public statement that shapes the buyer's expectations, but should be understood as the maximum achievable value under suitable conditions. It is not a guarantee that this performance will be available in every charging situation. Therefore, the crucial question is whether the vehicle actually achieves this value under suitable conditions.
Whether a quality agreement exists in your case depends on the documents. We will review the purchase agreement and order for you.
When a reduced charging capacity is a defect
A deficiency can be said to exist primarily in certain situations that go beyond the normal charging curve.
- Peak value never reached: If the vehicle does not achieve the advertised performance even under ideal conditions, i.e., with a suitable charging station, warm battery and low charge level, the advertised value is practically unattainable.
- Agreed value missed: If a specific charging capacity was agreed upon and the actual capacity is significantly lower, a defect is likely.
- Permanent charging restriction: If the vehicle permanently limits the charging power, for example after a fault or due to a defective battery management system, a technical defect may be present.
The legal assessment is similar to that regarding reach. Here too, a comparison under suitable conditions is crucial, as we explain on our page about... Reversal of an electric car purchase due to insufficient range explain.
Do you suspect that your vehicle is consistently failing to deliver the required charging power? We will assess your case from a legal perspective.
Subsequent throttling via software update
Of particular relevance is the case where charging power is subsequently reduced via a software update. A well-known example comes from Norway, where Tesla reduced the charging speed of earlier models after an update and had to pay compensation. The manufacturer justified the intervention as necessary to protect the battery.
Under German law, a modern electric car is considered a product with digital components. Since January 1, 2022, it has been subject to the update obligation stipulated in Section 475b of the German Civil Code (BGB). Updates must maintain the vehicle's conformity with the contract. An update that permanently reduces charging performance defeats this purpose and can constitute a defect.
Securing evidence is crucial here as well. Those who documented the charging performance before the update can prove a subsequent throttling much more easily.
We cover other cases concerning software and charging performance at Tesla separately on our page about... Tesla defects.
Is your vehicle charging slower after an update? Have it checked to see if you are entitled to any compensation.
This is how you can prove insufficient charging power
Proof is key to success. Because many factors influence charging performance, measurement under suitable conditions is crucial.
- Suitable charging station: Measure at a charging station that can deliver at least the advertised power output of the vehicle.
- Warm battery and low charge level: The maximum value is only achievable with a pre-conditioned battery and a low charge level. Only then is the comparison meaningful.
- Log values: Record the maximum charging power and the trend over several charging cycles.
- Expert opinion: Reliable proof is usually provided by an expert measurement that distinguishes normal influences from a defect.
Clear definition is crucial. Only if the vehicle significantly falls short of the advertised value, even under ideal conditions, can a defect be justified.
Before contacting the retailer, the charging power should be reliably recorded. We'll tell you which documents are valid.
Your rights and what you should do
If a defect is confirmed, you are entitled to the tiered warranty rights under § 437 of the German Civil Code (BGB). Which course of action is appropriate depends on the extent of the defect.
- Subsequent fulfillment: You can request improvements, such as restoring the original charging performance after an update.
- Reduction: In the case of a permanent but limited loss, you can claim back part of the purchase price.
- Resignation: In the event of a significant loss, return of the item in exchange for a refund of the purchase price less a usage fee may be considered.
- Damages: Costs such as those for an expert opinion can be claimed as reimbursement.
The ten percent threshold established in case law serves as a guideline for determining the significance of a defect. One advantage of buying from a dealer is that, in the first year after delivery, it is presumed that any defect that is revealed was already present at the time of delivery. Rogert & Ulbrich are familiar with the legal mechanics of such cases from numerous vehicle litigation proceedings. emissions scandal trusted.
Do not accept any settlement offer before your case has been reviewed. The sooner your charging performance is assessed, the more options you will have.
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 and conducted vehicle-related litigation against manufacturers for many years in the emissions scandal. This experience in enforcement is now benefiting buyers of electric cars.
We check whether your vehicle falls short of the advertised charging performance, ensure accurate measurements are taken, and quantify your claims. We negotiate out of court with the dealer and manufacturer. If no satisfactory solution is reached, we enforce your rights in court, from repair and replacement to price reduction and compensation for damages.
Is your electric car consistently charging slower than advertised? Get in touch and protect your rights.
