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.

Der Beitrag OLG Stuttgart: Online gekaufter Tesla erfolgreich zurückgegeben – kein Wertersatz trotz Nutzung erschien zuerst auf R&U.

With In its judgment of 9 September 2021, the European Court of Justice (ECJ) Consumer rights in credit agreements and car loans have once again been strengthened (case numbers C-33/20, C-155/20, and C-187/20). This ruling is a true blessing for car buyers, not only in the diesel emissions scandal. A valid revocation not only results in the rescission of the credit agreement, but also of the vehicle purchase agreement. Car dealerships usually arrange the car loan, a so-called related transaction, so that if the car loan is revoked, the vehicle purchase agreement is also rescinded.

Cancel car loan

As part of the cancellation process, the borrower returns the financed vehicle and no longer has to pay any loan installments. The question of depreciation during car loan cancellation is very important. This determines how much money you get back—or how much money the bank is entitled to.

The Loss of value is to be determined using the comparison value method. When calculating the loss in value, the net sales price agreed in the purchase contract generally serves as the starting point. When the vehicle is returned, the objective market value at the time of handover is assessed. The objective market value of the vehicle, taking into account the installments you have already paid, ultimately forms the basis for determining how much money you or the bank are still owed. This must be considered on a case-by-case basis.

Use your right of withdrawal now!

We will check for you free of charge, without obligation and objectively, whether revoking your car loan contract is economically worthwhile for you. Benefit from our free service to check your contracts for errors and evaluate your chances of success. This is especially true for drivers who are affected by the emissions scandal If you have to expect high losses in value, revoking the car loan may be a particularly interesting option. 

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Consumers can revoke almost all credit agreements

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Der Beitrag Ewiges Widerrufsrecht beim Autokauf erschien zuerst auf R&U.

The ruling not only strengthens consumer rights, but also represents a slap in the face for the Federal Court of Justice. The ECJ's ruling was issued following a referral order from the Ravensburg Regional Court – bypassing other German courts.

The proceedings before the Ravensburg Regional Court concerned the cancellation of car loan agreements with Volkswagen, Skoda, and BMW Bank, whose cancellation periods had long since expired. The Ravensburg Regional Court wanted to know how specific mandatory information in consumer loan agreements should be interpreted.

How can loan agreements be revoked?

When concluding a loan agreement, consumers must be informed whether and, if so, how they can withdraw from the agreement. The basis for this cancellation policy The so-called European Consumer Credit Directive from 2008 serves as the foundation of the current consumer protection law. If this mandatory information is not included in the loan agreement or is not clearly worded, the two-week cancellation period will not begin to run.

The Federal Court of Justice (BGH) had previously refused to refer these questions of interpretation to the ECJ, considering the facts so clear that a referral to the ECJ was unnecessary. Furthermore, under German law, it would be an abuse of law for a consumer to rely on false mandatory information.

However, the ECJ's ruling makes it clear that the situation is not at all clear. In particular, the mandatory information regarding the default interest rate is incorrect; an absolute number should be stated here. The calculations for the early repayment penalty are also not formulated clearly enough. The specific type of loan must also be specified.

Use the “cancellation joker”

Do you understand all the clauses in your loan agreement? No? Then your chances of successfully revoking the contract are very good. If the contract clauses aren't formulated clearly and in a way that's understandable to the consumer, you can revoke the contract entirely. Even long after the standard 14-day revocation period has expired. 

This new case law affects practically all Consumer credit agreements, such as car financing concluded after June 11, 2010. These agreements contain, without exception, the wording criticized by the ECJ. Important: The new ruling does not apply to real estate loans. 

Take your chance and revoke your loan agreement!

We will check for you free of charge, without obligation and objectively, whether revoking your loan agreement is possible and economically viable. Benefit from our free service to check your contracts for errors and assess your chances of success. We also calculate whether revoking your loan agreement is economically viable for you. makes sense. Afterwards, you can decide at your leisure whether you want to appoint us as your legal representative and whether we should recover your money for you.

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Eternal right of withdrawal when buying a car

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Der Beitrag Verbraucher können nahezu alle Kreditverträge widerrufen erschien zuerst auf R&U.