Ask a lawyer on the topic of Contract law

Purchase of a used scooter with kilometers.

April 15, 2011 | 30,00 EUR | answered by Steffan Schwerin

Hello,

my son (who will turn 16 in September) bought a used scooter (50cc) from the dealer. He withdrew 1200 euros from his savings account and paid in cash for it.
Both of us (my son and I) signed the "contract" because he is only 15 years old.

Last week he was on a graduation trip, so I registered and picked up the scooter for him - but I did not see the mileage yet.
I noticed right away during the pick-up that it was very difficult to get it going despite full throttle. When it was running, it ran smoothly - until I had to reduce the gas for turning, etc.
The dealer then took a short test drive and offered to take another look at it. We should just come back.

That's all fine, but what bothers me much more now is the fact that the dealer stated the scooter had about 5000 km mileage, which is also noted on the order, which was only very informally - and handwritten.
See attachment.
In reality, however, the display of the scooter shows a mileage of 34 KM.
This suggests that it was reset to be able to sell the 6-year-old scooter at a better price.
I no longer trust the situation and believe that the scooter actually has far more mileage than 5000 km. This would have been acceptable if it had only had "5000 KM".
Furthermore, there have been modifications to the exhaust that make the noise very loud. The dealer told us in advance, when we asked, that this was registered by a certificate.
However, there is only a tear-resistant adhesive label attached with a number. Nothing is registered on the registration certificate, which now consists only of individual parts. I am not sure if this exhaust is allowed to be there.

I just took out the "invoice" again to scan it, and I noticed that it is labeled not as an "invoice" but as an "order".
Upon my inquiry, he then marked the note "6 months warranty" on it.

Wouldn't the issue with the mileage - which really worries and unsettles me the most - be a reason to cancel the contract, or "order" from 28.03.2011 and get the money back?

I feel so sorry for my son, to have misinvested so much money that he has saved so hard.

I would be very grateful if you could inform us about our rights, if we have any.

Thank you very much in advance!

Steffan Schwerin

Dear questioner,

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

If the goods are defective, you have statutory warranty rights.

Since you bought the scooter from a dealer, they must provide you with at least 1 year of warranty, not just the 6 months of guarantee.

Furthermore, you have the right to challenge the contract if you have been deceived.

If the scooter has actually been driven more than the stated 5000 km, the dealer has deceived you. You can then challenge the purchase contract and request a refund.

It would be best if you went to a workshop and had a professional check if the scooter has really only been driven 5000 km.

If your suspicion is confirmed, inform the dealer in writing of the challenge and request a refund in exchange for returning the scooter.

I would like to point out that this platform cannot replace detailed and personalized legal advice. The sole purpose is to obtain an initial rough assessment of your legal issue based on the information you have provided by a lawyer. The legal information I provide is based solely on the facts you have provided. By adding or omitting relevant information in your description, a completely different legal assessment may result.

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

Furthermore, I am also available for consultation if needed. The initial consultation fee would be fully credited towards any further services.

A greater distance between lawyer and client is generally not a problem. With the help of modern communication tools such as email, post, fax, and telephone, legal representation is also possible.

Best regards,

Steffan Schwerin
Lawyer

Law Firm Steffan Schwerin
Golmsdorfer Str. 11
07749 Jena

Tel.: 03641 801257
Fax: 032121128582

Email: raschwerin@raschwerin.de
Website: www.jena-rechtsberatung.de