Damages in case of withdrawal from the purchase contract
August 16, 2016 | 30,00 EUR | answered by Bernhard Müller
Hello,
Let's say a person orders a motor vehicle and signs the purchase contract. Withdrawal instructions are all present.
After 3 weeks, the person wants to withdraw from the purchase contract and purchase a slightly more expensive motor vehicle from the same dealer.
The originally ordered vehicle is currently being manufactured in parallel. Now, the seller has a 15% damages clause in the purchase contract.
Is there a way to circumvent these damages claims by ordering the new, more expensive car from the same dealer?
Dear inquirer,
The provision for damages is only valid if it is either an individual agreement, or if it explicitly states that the buyer has the opportunity to prove that the damage is less, or that no damage has occurred (§309 No. 5 b) BGB).
Even if the clause is valid, it can be agreed in the purchase contract for the more expensive car that the claim for damages from the first contract will not be enforced. This should then be explicitly stated in the new purchase contract.
If the seller is not willing to do so, the options are either to accept the originally purchased car or to pay the damages.
Best regards,
Bernhard Müller Attorney
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