The initial situation! Vehicle leasing often sounds simple and convenient at first. But here too there are many pitfalls. What kind of contract did you actually conclude? What will I have to do at the end of the contract? What does residual value leasing and kilometer leasing actually mean? Was it worth it?
The peculiarity! Today, contracts are often concluded exclusively via email communication. Even the conclusion of a leasing contract for a motor vehicle nowadays often involves the exclusive use of means of distance communication. The consequence of this may be that the consumer is entitled to an unlimited right of withdrawal according to the rules of the distance contract (§§ 312 c, 312 g, Paragraph 1, 355 BGB) if the leasing company has not properly informed about the right of withdrawal.
The case law! In the opinion of the Munich Higher Regional Court, finance leasing contracts are also covered by the rules of the distance contract. The leasing contract with mileage billing is a form of finance leasing (Munich Higher Regional Court, Endurteil vom 18.06.2020 – 32 U 7119/19). If the leasing contract was concluded with the exclusive use of means of distance communication, a distance selling contract also applies to vehicle leasing, with the result that the consumer is clear and understandable about the existence or non-existence of a right of withdrawal as well as the conditions, details of exercise, in particular the name and address of the person , to which the cancellation is to be declared, and the legal consequences of the cancellation including information about the amount that the consumer has to pay in the event of cancellation for the service provided. If this has not happened, then the withdrawal period has not even started. If the revocation information used contains contradicting information, for example on the consequences of revocation with regard to the deadline for returning the leased object, a leasing contract can therefore be revocable long after it has started.
Good to know! Sometimes it happens that the leasing companies are well aware that they had to provide information on consumer rights according to the rules of the distance contract. In my legal practice I have leasing contracts from leasing banks in which there is no corresponding cancellation policy.
The advantage! In the opinion of the Munich Higher Regional Court, according to the legal assessment, the consumer owes no compensation or compensation for use if he cancels the leasing contract with legal effect (see Munich Higher Regional Court, loc. Cit.). With regard to the case before the Munich Higher Regional Court, the court points out that the payment of compensation presupposes that the consumer has been informed of the obligation to pay compensation before submitting the contractual declaration. It can happen that the leasing vehicle can be returned and the leasing installments paid have to be paid back to the consumer despite the use of the vehicle.
Right tip – 1! Have your leasing contract checked if you have concluded it exclusively via email communication. Especially if the leasing company has high additional claims at the end of the contract period, it can be worthwhile to counter this.
Right tip – 2! Disputes about leasing contracts are regularly covered by the usual legal protection insurance. For my clients, I clarify in advance that your insurance company will cover the costs.
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