A classic car enthusiast forced the return of a Porsche 911 T Coupé, which cost almost 120,000 euros and was built in 1973, to the responsible car dealer before the Cologne district court. The seller had advertised an original paint job, but it had long since been replaced with a similar color. The buyer suspected fraudulent misrepresentation.
Porsche no longer painted with original color
According to a widespread newsletter from the car dealer, the specialty of the Porsche was that at the time of its first delivery in 1973, the vehicle was provided with a special color in deep dark brown that was individually ordered by Porsche. As early as 1982, however, the original paintwork was removed and the vehicle was completely repainted.
“No original Porsche paint was used for the repaint,” according to the district court, but a paint mixed in a color similar to the original “Mocha Brown” paint in the local paint shop at the first owner’s place of residence in West Virginia (USA). Brown is not brown, judged the judges of the 36th civil chamber of the regional court.
Porsche did not want to take back vintage car dealers
The car dealer had refused to take back the expensive classic car. After the buyer had filed a lawsuit, he also took the view in court that his description in the newsletter was correct, as the Porsche was given the special color at least when it was delivered. You could also have seen under the trunk lid that it had been repainted.
The court did not follow this. Due to the similar color shade, the buyer could not see that the paint had been reapplied in the meantime. For a prospective buyer, it is generally not of interest which value-adding features a purchased item had 30 years ago, but which features it actually had at the time of purchase.
Cologne District Court: Purchase contract is void
The Porsche was advertised as an “unrestored example in exceptionally well-preserved original condition”, which the buyer had relied on. Since the original color was also explicitly listed in the sales contract, it was void. Almost two and a half years after the sale, the deal now has to be reversed and the buyer should get his money back.
The former owner of the classic car was also a complaint in this case. Since he had commissioned the car dealer with the sale and had no influence on the application, he could not be prosecuted. The dealer could thus remain seated on the costs. The judgment (file number: 36 O 95/19) is not final, so the car dealer can still take action against it.
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