Ask a lawyer on the topic of Contract law

Cancellation of the purchase contract

April 7, 2013 | 50,00 EUR | answered by Jan Wilking

Dear Sir or Madam,

please also note the following contribution from me:

https://frag-einen.com/rechtsanwalt/vertragsrecht/gewaehrleistung-gebrauchtfahrzeug-bei-gewerblichem-kauf-richtige-fristsetzung-8389.html

Now the dealer has indeed met the deadline for the repair, but I have noticed that a defect mentioned in my post from 22.02.2013, specifically:

2. Cable pull or shift cables of the gearshift need to be replaced. (manifests in a heavy shifting, fourth gear makes a noise when engaged)

has not been fixed.

I contacted the dealer again because I rely on the vehicle for business purposes and did not want to cancel the purchase contract.

The dealer explained to me that he had also reported this defect to the Peugeot workshop and that the workshop apparently did not pay attention to this point.

Okay, I thought to myself, if this defect is still fixed by the Peugeot workshop, I will finally have peace of mind and a reliable transport vehicle for the next few years.

After bringing the vehicle to Peugeot for inspection, it turned out that the defect is not with the gear cables of the vehicle as assumed, but rather a transmission problem. I contacted the dealer again, who recommended handling the defect through the warranty insurance (this insurance was additionally taken out by the dealer at the time of sale to protect against potential damages), and now Peugeot is currently in the process of requesting approval from the warranty insurance.

The master technician at the Peugeot workshop explained to me that I could continue driving the vehicle without any problems until the warranty insurance request is completed.

Now, the big surprise... when I was out on business with the vehicle today, the engine displayed the same defect as before the first repair (loss of power when driving - I press the gas but the vehicle does not accelerate or has no power).

In addition, the power steering has also failed, and I am now 100% sure that this vehicle is more or less scrap and I now want to definitively cancel the purchase contract after numerous repair attempts.

What do I need to consider in this situation and how can I best formulate the cancellation with a request for a refund of the purchase price and what deadline should I give the dealer for the refund of the purchase price???

I would be very grateful for a sample letter :-)

I urgently need to buy a new transport vehicle for business use, so I am now under a bit of time pressure...

Jan Wilking

Dear seeker of advice,

I am happy to answer your inquiry, taking into account the facts you have presented and your efforts, as follows:

Due to the numerous unsuccessful attempts to remedy the situation and considering the newly emerged problems, I now believe that withdrawing from the purchase contract is justified. A one-week deadline for repayment should be sufficient. In your withdrawal letter, you can refer back to your last request for improvement and write something like this:
"In my letter dated xx.xx.xxxx, I gave you a final deadline for complete rectification of the defects. Unfortunately, it has now become apparent that the vehicle is still defective. Despite multiple requests and repair attempts over a period of over 4 months, you have been unable to fully rectify the defects. Further attempts at improvement are no longer reasonable. Therefore, as threatened in my letter dated xx.xx.xxxx, I hereby withdraw from the purchase contract and demand that you repay the purchase price by xx.xx.xxxx in exchange for the return of the vehicle."

I hope this provides you with a helpful initial guidance. If you have any doubts, please feel free to use the free inquiry function.

Please note that I cannot provide a definitive advice without knowing all the circumstances in this initial consultation. If you require a conclusive assessment of the situation, I recommend contacting a lawyer and discussing the matter with them in detail after reviewing all documents.

Best regards.