Purchase agreement
August 11, 2009 | 30,00 EUR | answered by Andreas Scholz
On 1.4.09 I ordered a new car. Despite the verbal agreement of a delivery date by the end of May 09, the car can now only be delivered around the end of October. However, as I urgently need a vehicle, the dealer has offered me another new car. Can I make this purchase? What should happen with the first purchase contract so that I don't end up with 2 cars afterwards? What does "Tageszulassung aus Spanien" mean?
Dear questioner,
it should be ensured that the purchase contract for the original new car is unwound so that you are not exposed to two payment claims. This can be done through a termination/amendment agreement or by entering into a new purchase contract after cancelling the old one. If the dealer - which I do not assume, as it is extremely unusual - does not agree to unwind the contract, then under no circumstances should you enter into a second contract alongside the existing one.
You have the right to cancel the current purchase contract under § 323 of the German Civil Code, as the agreed upon deadline cannot be met. Regardless of whether this was agreed upon orally, it has become a part of the contract.
In any case, you could already inform the seller that you are entitled to claim damages under § 280 et seq. of the German Civil Code as long as and to the extent that you incur costs due to the delayed delivery of the new car.
The addition of 'Tageszulassung' means that the vehicle is at least a new car that is imported from Spain and has only been driven as part of a Tageszulassung (possibly only formally for the purpose of transfer, as some EU countries allow exports only after a Tageszulassung).
I hope this has provided you with an initial legal orientation. If you have any uncertainties, feel free to ask.
Best regards,
Andreas Scholz, Attorney at Law
