April 14, 2021 – The buyers of a vehicle equipped with cheat software are generally not only entitled to the reversal of the purchase contract. You are also entitled to reimbursement of the financing costs incurred in connection with the purchase. The Federal Court of Justice ruled that on April 13, 2021 (VI ZR 274/20).
The plaintiff had acquired a VW Golf in February 2013 that was equipped with cheat software.
The vehicle manufacturer had been certified by the Federal Court of Justice that the practice involved deliberate immoral damage. Thereupon he agreed to reverse the contract.
However, he refused to reimburse the woman for the financing costs incurred in connection with the car purchase in the form of loan interest. The company also did not want to pay for the contributions for a loan default insurance in the amount of just under 3,300 euros.
Unsuccessful revision
Both the Cologne Regional Court, which was dealt with in the first instance, and the Cologne Higher Regional Court appealed by the defendant automaker found wrong. The group also had no success with its appeal to the Federal Court of Justice.
According to the judges, the plaintiff is in accordance § 826 BGB respectively Section 249 (1) BGB to pose as if she had not acquired the vehicle. Because then she would not have concluded a loan agreement with which she partially financed the purchase.
The buyer also did not gain any advantage from the loan, which should be taken into account to reduce the damage in favor of the vehicle manufacturer. The financing did not give her any liquidity advantage compared to the situation that would have existed if she had not bought the car.
The financing costs hadn’t increased the value of the car
In addition, the financing costs would not have increased the objective value of the car and thus its usefulness. The costs incurred through the financing are therefore to be reimbursed in full.
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