Buyer bound by a binding order
Car dealers almost always use a “binding order for a vehicle” when ordering new cars. According to the new vehicle sales conditions, this is a purchase contract offer from the buyer. After the signature, the customer is bound to the order for three weeks.
Tip: Do not immediately sign an order when you have decided on the car of your choice.
Conclusion of the sales contract
The purchase contract is only concluded when the seller confirms acceptance of the order in writing within three weeks or delivers the car.
If the confirmation differs from your order (e.g. different equipment, higher price), no contract is concluded. A changed confirmation is a new offer from the seller that you can accept or decline.
No general right of withdrawal
If you don’t want to buy a car because you got a better deal or you don’t like it anymore, you cannot simply cancel your order. There is no general right of withdrawal. As a rule, 15 percent of the purchase price is due for cancellation.
You get out of the order at no cost, if
- the dealer does not confirm the order in writing within three weeks or does not deliver the car (for stock vehicles: ten days, for commercial vehicles: two weeks)
- the confirmation differs from the order
- When ordering deceived fraudulently were
- You are a minor and your parents object to the purchase
- It is an internet contract: Consumers have a two-week right of withdrawal if the contract is concluded with the dealer via the internet
- A withdrawal right for leasing and loan agreements have
- the price is subsequently increased by more than five percent
- the dealer overshoots the non-binding delivery date by six weeks. After the six weeks have elapsed, you must set a further period of 14 days. If the dealer does not deliver the car within the grace period, you can withdraw from the contract
date of delivery
- Agree on a specific date for the delivery
- Avoid phrasing as soon as possible or as quickly as possible
- Negotiate a free replacement car if the dealer doesn’t deliver on time
Important questions for the dealer
- Ask for the latest model. The dealer does not have to inform you without asking whether a new model will be released shortly
- Inquire whether the car an import vehicle is
- Ask about anything that is crucial for you to purchase
- Make sure that points that are important to you are included in the order in writing
- Negotiate a final price that includes the transportation costs. The trader may only demand transfer costs if they are expressly stated in the contract. If you accept flat-rate transportation costs, you have to pay them
Caution: subsequent price increase
- Agree on a fixed price
- Without a contractual regulation, a price increase is not permitted after the conclusion of the contract
- If the contract contains a form-based price adjustment clause, this is only permissible if a delivery period of more than four months has been agreed
- If the purchase price is increased by more than five percent, you have the right to withdraw