Gebrauchtwagenhändler hat mehrfach (vorsätzlich?) falsche Angaben in der Anzeige gemacht?
Moin zusammen,
unglücklicherweise sind mir einige dieser Differenzen erst nach Unterschrift des Kaufvertrags aufgefallen, daher ist mir bewusst, dass ich mich in einer relativ schwachen Verhandlungsposition befinde.
Dennoch wollte ich mich mal umhören was jetzt meine Möglichkeiten sind.
Es handelt sich um einen BMW 116i Baujahr 2007.
Also fangen wir an:
- Beworbene Laufleistung: 135.500 km
- Tatsächliche Laufleistung : 140.000 km
- Beworbene Erstzulassung: September 2009
- Tatsächliche Erstzulassung: Januar 2008 (fast zwei Jahre älter)
- Beworbener Motor: 2.0 Liter (neueres Modell, zuverlässiger, deutlich sparsamer als der 1.6 Motor)
- Tatsächlicher Motor: 1.6 Liter (älteres Modell, weniger zuverlässig (Steuerkette etc.), deutlich höherer Verbrauch als der 2.0 Motor)
Wenn man sich in einer Anzeige mal vertippt ist das ja kein Problem, wenn man sich allerdings gleich bei mehreren wichtigen Daten “vertippt” (Laufleistung, Baujahr, Motor) lässt das schon auf Vorsatz schließen.
Was sind Eure Meinungen dazu? Welches Vorgehen würdet Ihr mir empfehlen?
Ich werde morgen nochmal mit meinem Onkel beim Händler vorbeifahren um zu schauen ob und wenn ja inwiefern er einlenkt und wollte vorher schonmal ein paar unbeteiligte Meinungen dazu hören.
Vielen Dank und viele Grüße,
moritz217
PS: Interessant zu erwähnen wäre noch, dass das Datum der Erstzulassung in den Vertrag geschrieben wurde, NACHDEM ich unterschrieben hatte.
Sprich ich habe eine ganz normale schwarz-weiß Kopie mit beiden Unterschriften, dann wurde jedoch per Kugelschreiber in blau vom Händler noch “EZ 2008” nachgetragen.
Das macht die ganze Geschichte nicht seriöser …
(1 votes)
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I can, in principle, understand your anger, but I would before Completion of contract.
To say it with your words: a Forgot to question/control or overlook a Something in the contract, I may still somehow understand it, but sooo many bear witness to – sorry – stieseligkeit. You get the feeling you didn’t control anything.
If you now find that information in the ad never are binding and everything what is important is once again on site controlled and demanded and contractually held in order to be binding, you have definitely grossly negligently not assured you in terms of content, but the trader has only switched very questionably malicious, but perhaps also merely slippery, a faulty ad.
The primary error in the resolution is yours. You should go friendly to the dealer, as you have no claims against him and at best can hope for cunning – a voluntary occurrence. If you might get him polite now, he’ll have less interest in meeting you…
Basically, the bad dealers are always guilty. The “Mängel” are not a witchcraft and any interested person can easily check it out.
Nee, he just accidentally tipped off all important data 🙂
Experience has shown that there are sluggish sellers who create such a display Pi times thumbs and (unfortunately) do not place a value on accuracy – the car is also visited to clarify details. But obviously also gives people who control only body variants and color during the visit… 😜
If this is guaranteed in the contract as in the ad and the handed-out item deviates from it, the purchase contract can be cancelled
This nice facility is also available
Kfz settlement points
sounds kind of like so nem typical “what-is-yone-last-price” dealers that exist at every corner…
In my opinion, my own fault. The first thing I ask when I look at a car after the papers, there’s everything in it. And at least that with the Km stand had to be noticed immediately
Dumb running. One controls before you sign the contract.
Go back, hook up, point the points. If he is not iconic, then build up pressure according to the motto “it can’t be a mistake at all.”
But it also depends on the specific situation.
If you have bad luck, he has a good reason (“the advertised car was already gone, so I offered them this model as similar as possible and they agreed“) and then you’re stupid.
It is difficult to say from the outside, because we were not in the conversations before and do not know what was happening. exactly in detail everything has been said. In so far, you can not give any concrete tips where you could hook up.
Since you have not printed the sales ad and made it part of the purchase agreement, you can only book this painful experience on the “experiences” account.
I’m talking about sorry experience.
Purchased a BMW 525i Touring at a dealer near Heidelberg, who was highly rated at Autoscout24.
The dealer had repeatedly assured me by e-mail that the vehicle is first hand.
We drove from Munich to Heidelberg. These are 400 km of easy route.
Testing was fine, but the vehicle was second hand and the actual equipment unfortunately did not match reality in many points.
When buying it has unfortunately rained in streams and so we have overlooked the fact that the vehicle was fitted with spacer discs that were not permitted at all for this vehicle and could not be registered subsequently.
Thus, new tires and aluminium rims were due first.
The vehicle had no authorisation with these spacers.
After the dealer was not cooperative at all, we hired a lawyer to safeguard our interests. At the end of the day, however, we decided to move to court, as the trader has notified insolvency.
Can you prove the previous details? Then these are part of the contract as a trader’s statement, and in the event of non-fulfilment, there is a lack of material for which you can request refilling, reduction and damages in the usual way.
Otherwise, you may be able to fight for error, but this could be difficult if you apparently did not agree to the contract (for a wise man would do that). It’s best to ask a lawyer soon.
It may also be possible to consider a contest for abusive deception.
I made a screenshot of the ad with the wrong details in wise foresight, but I don’t know what evidence this has.
Hm, well, an ad is a “invitatio ad offeringendum”, but that is also advertising and that also counts with the purchase contract.
So I would ask a lawyer for advice.
You should go to a lawyer. We don’t know if there’s a serious deception or something. You may not have read it correctly, or you only have false indications of the wrong vehicle. If the purchase isn’t 14 days ago, of which I can count you back from the purchase contract, but it would have to be deducted! But this and many other things can give you a lawyer matching your case, better explain!
Since when?
The deception with the Arglistigen is a good point, but there is no right of revocation or right of resignation.
Wow, did I miss something? I’m new
Incorrect vehicle is definitely excluded, as the dealer had only 11 vehicles for sale and of which exactly one 1 BMW.
He also has exactly the same mess as in the ad.
Basically, the bad dealers are always guilty. The “Mängel” are not a witchcraft and any interested person can easily check it out.
You seem like you didn’t make a signature. So don’t always find the mistake with others.
Reading the contract helps, because it was made for it!
I think you won’t succeed.
I have still stated that the trader has written the first registration in the contract I had signed.
So I have a normal black and white copy with both signatures (also copied), but then the dealer wrote “EZ 2008” with blue ballpoint pen.
So I never signed the EZ 2008 technically.
Doesn’t mean anything. Then the supplement does not apply and there is no Ez in the contract, even ok. You look at the vehicle papers beforehand, but the Ez is in no doubt. Aside from that, you must have noticed the re-entered Ez when the dealer and yours (b) the Commission’s decision on the application of the principle of subsidiarity. Why didn’t you say anything at that time?!
Okay, then you’re gonna get the contract…. Good luck.