A supposed formal error in Tesla’s cancellation policy could mean that the carmaker in Germany has to buy back thousands of cars – that’s what a Düsseldorf lawyer claims.
When the manufacturer Tesla makes the headlines, it is usually not because of something positive. Above all, the highly controversial autopilot causes trouble for the US automaker again and again. And the omission of the radar sensors and, a little later, the ultrasonic sensors did not necessarily cause enthusiasm among customers – Tesla has now at least announced a return of the radar sensors. On Reddit, a Tesla driver recently explained why he will drive a BMW in the future. Many German customers could now possibly have their Tesla bought back by the company – at least that’s what a lawyer claims.
Due to formal errors: Does Tesla have to buy back thousands of vehicles in Germany?
When it comes to legal clauses, it can often depend on the smallest of details. And exactly such a small – but important – error wants the Düsseldorf lawyer Dr. Matthias Böse found in Tesla’s cancellation policy. Due to a formal error, this is “probably illegal,” says the lawyer to 24auto.de from IPPEN.MEDIA. Normally, the right of withdrawal is valid for 14 days – but due to the alleged error, the period is extended to one year and 14 days.
Telephone number omitted in cancellation policy: Does Tesla have to buy back vehicles?
As the lawyer explains, until recently Tesla did not provide a telephone number in the cancellation policy – but from his point of view that is exactly what is mandatory. He refers to a judgment of the European Court of Justice (ECJ) from 2020 (C‑266/19). In the meantime, the carmaker has added the phone number. Nevertheless, according to the lawyer, almost all private Tesla buyers in Germany who have had their car bought back from the manufacturer within the past 12 months with the allegedly incorrect declaration of revocation could now. And for the full purchase price – even if the car is damaged. A so-called value replacement is not to be paid.
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Possible buyback of Teslas – not possible for company and leased vehicles
He came across the supposed error through one of his other cases. A woman reported to him who drove her Tesla into a wall and blamed the missing ultrasonic sensors. After looking at the cancellation policy, he came across the missing telephone number. For company-owned and leased vehicles, the buyback can, according to Dr. Evil, however, cannot be asserted, but for private customers it can. He is confident of victory and, according to his own statements, has already filed the first lawsuits against the car manufacturer. A request for a statement from Tesla on the subject has not yet been answered.
2023-05-06 06:07:20
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