Ask a lawyer on the topic of Contract law

Car purchase and environmental bonus

November 9, 2009 | 30,00 EUR | answered by Steffan Schwerin

I bought a car from a car dealer in the summer with a first registration date of 17.12.2008 under the condition of receiving the so-called environmental bonus of €2,500. The dealer explicitly assured me orally that I was entitled to this environmental bonus for this car. It was only because of this information that I made the purchase. He also offered to assist me with the formalities for the environmental bonus. I relied on his statements and bought the car, but then realized that his statements were false and my application was rejected because the conditions for obtaining the environmental bonus were not met. In the meantime, I had my old vehicle scrapped. Unfortunately, I do not have a written confirmation from the dealer. I have repeatedly demanded compensation in writing from the dealer, which he has rejected. He denies ever making a statement or promise on the matter.
I do not have legal expenses insurance. What are my chances of success and how much would it cost me if I were to hire a lawyer and potentially file a lawsuit?

Steffan Schwerin

Dear questioner,

I will answer the questions you have asked taking into consideration the circumstances described and your input as follows:

Unfortunately, the dealer has provided you with incorrect information regarding the environmental bonus.

In this case, he has deceived you maliciously and led you to conclude the sales contract. Furthermore, the behavior of the seller has criminal relevance, so in addition to a civil damages claim, it should also be considered to report the dealer.

The problem here is that, as you have already recognized, there is no written proof. Everything happened orally. Can witnesses be named in this case? That would significantly increase the chances of success.

The chances of success are theoretically quite high. However, in practice, it will be difficult to prove everything, so the court will dismiss the claim.

You should write to the dealer through a lawyer and have them demand payment accordingly. If this is unsuccessful, a lawsuit can be filed.

The costs for using a lawyer depend on the value of the dispute. In this case, the value is based on the purchase price paid.

For example, if you paid €10,000 for the car, the lawyer can bill around €700 out of court and then a total of around €2,000 in court.

However, if the dealer loses the case, they must bear the costs. If you lose the dispute, you must bear all costs.

I must finally point out that this platform cannot replace a detailed and personal legal consultation. The sole purpose is to provide an initial rough assessment of your legal problem based on the information you have provided to a lawyer. The legal advice I have given is based solely on the information you have provided. Adding or omitting relevant information in the context of your description of the facts may result in a completely different legal assessment.

I hope I have been able to give you an initial overview and that my explanations have helped you. You can contact me through the follow-up option on this platform.

Furthermore, I am of course available for a mandate. I would credit you the initial consultation fee in full.

A greater distance between lawyer and client is generally not a problem. With the help of modern communication methods such as email, post, fax, and telephone, a mandate can also be carried out.

Sincerely,

Steffan Schwerin
Lawyer

Law Firm Steffan Schwerin
Golmsdorfer Straße 11
07749 Jena

Tel.: 03641 801257
Fax: 032121128582

Email: raschwerin@raschwerin.de

Website: www.raschwerin.de