Watch out when buying an electric car. What to do in case of defects?

The market for electric cars has been booming for some time and remains on the upswing thanks to government subsidies and an increasing charging infrastructure. Of course, many manufacturers have also recognised that this development can be a lucrative business and are increasing their commitment in this area. Technically, the electric car industry also knows how to convince with improved ranges. However, even after the purchase of such vehicles, defects can occur, which can then be of a minor or even serious nature.

When purchasing an electric car, the main obligations of the contracting parties are regulated in the Civil Code. The seller owes the handover and transfer of ownership of the vehicle. Without defectswhile the buyer must pay the purchase price. There are special protective regulations for consumers which may not be deviated from to the detriment of the buyer. On 01.01.2022, an amendment to the law on sales contracts will also come into force. Should a defect in the vehicle become apparent, then the buyer does not have to be satisfied with a defective vehicle.

An important aspect here is the definition of the term "material defect", which is now defined more comprehensively than in the old law on sales. This is now much more differentiated than before, as it concerns whether a defect is present in the object itself or in digital elements (e.g. navigation system or touch screen). The defect in the vehicle is based on the §§ 434 ff. BGBa lack of digital elements, on the other hand, to the  §§ 327 ff. BGBwhich implement the EU's Digital Content and Services Directive.

In short, the rights of the buyer in case of defects in the electric car purchase mean that he can demand subsequent performance, terminate or cancel the contract, reduce the price or claim damages or compensation for futile expenses.

Which defects are becoming more and more common in electric cars?

In recent years, the demand for electric vehicles has increased significantly.

According to our findings, users of electric cars should prepare themselves for the fact that the following problems may occur:

  • the battery range does not correspond to the manufacturer's or the seller's specifications
  • The charging time does not correspond to the factory specifications
  • Hard - and software problems
  • Faulty additional functions such as "autonomous driving", so-called "autopilot
  • Faulty brakes
  • reduced functional capabilities in winter

Advice and representation by a lawyer

In order to quickly assert your rights arising from defects effectively and efficiently, you should definitely consider legal advice or legal representation by an experienced lawyer in sales law. We have already conducted several proceedings in this area with success for our clients.

Legal advice

In our law firm, we have the topic of e-mobility in mind and offer you as a client the opportunity to rely on our experience. More and more clients are seeking advice from us regarding the purchase of a faulty electric vehicle. In our law firm, we have also focused on e-mobility. We drive electrically; charging possibilities are within walking distance of the office premises. Your advantage as a client: if you describe your problems to us, we know from our own experience what is important and will gladly support you in asserting your rights.