Best Auto Dealer Fraud Lawyers in Dornach

About Auto Dealer Fraud Law in Dornach, Switzerland

Auto dealer fraud refers to deceptive or unfair practices by car sellers that mislead buyers about a vehicle or the terms of sale. In Dornach, which is in the canton of Solothurn, these matters are governed primarily by Swiss federal law. Typical issues include hidden defects, false claims about accident history, manipulated mileage, improper promises about warranties or guarantees, and misleading financing or trade-in terms. While federal rules set the legal framework, local authorities such as the Solothurn road traffic office handle registration and inspections, and local conciliation authorities and courts handle civil disputes.

Swiss law gives buyers important rights when a dealer misrepresents facts or sells a defective vehicle. These rights exist in addition to any dealer warranty or service plan and cannot be excluded if the dealer acted fraudulently. Timely action and careful documentation are essential because notification and limitation periods can be short, especially for used vehicles.

Why You May Need a Lawyer

You may need legal help if the dealer misrepresented the car’s condition, accident history, mileage, emissions status, servicing, or number of prior owners. A lawyer can assess whether the facts amount to fraud or a breach of the seller’s statutory warranty obligations and advise on the right remedy, such as repair, price reduction, or rescission of the contract.

Legal advice is especially helpful if you discover hidden defects after purchase, the dealer refuses to repair the vehicle, the warranty was limited or excluded in the contract, or the dealer disputes your timely notification of defects. A lawyer can prepare a proper notice of defects, coordinate an expert vehicle inspection, preserve critical evidence, and negotiate or litigate on your behalf.

Professional guidance is also valuable if there are criminal aspects such as odometer manipulation or forged service records, if financing or leasing is involved, or if the transaction has cross-cantonal or cross-border elements. If your case proceeds to the conciliation authority or to court in the canton of Solothurn, a lawyer can navigate procedure, deadlines, and evidence requirements.

Local Laws Overview

Swiss Code of Obligations sale of goods rules apply to vehicle purchases. The seller is liable for defects under Articles 197 to 210. Buyers generally have three core remedies for defects: ask for repair if contractually agreed, seek a price reduction, or rescind the sale in serious cases. The seller cannot exclude liability for intentionally concealed defects. Clauses that broadly waive all liability are restricted and are invalid where there is fraud.

Buyers must examine the vehicle as soon as feasible after delivery and notify the seller of defects promptly. If you discover a hidden defect later, you must notify the seller immediately after discovery. Failure to notify in time can lead to a loss of warranty rights. For movable goods such as cars, the limitation period for defect claims is generally two years from delivery and can be reduced to one year for used vehicles if this was expressly agreed in the contract. If a dealer fraudulently concealed a defect, longer limitation rules can apply under general contract law, and exclusions of liability are ineffective.

Fraudulent misrepresentation is addressed by Article 28 of the Code of Obligations, which may allow you to void the contract and claim damages. Misleading advertising and deceptive business practices are prohibited by the Unfair Competition Act. Severe cases can also involve the Swiss Criminal Code, for example criminal fraud for deliberate deception or document forgery if service records or invoices were manipulated. Odometer tampering, and selling a car on the basis of the manipulated mileage, can trigger both civil and criminal consequences as well as violations of the Unfair Competition Act.

In the canton of Solothurn, the road traffic authority handles registration and technical inspections known as MFK. An MFK pass is not a guarantee that the car is free of defects, but it is often a key data point. Civil disputes usually start at a conciliation authority before a court case can be filed. There are streamlined procedures for lower-value claims, and early conciliation can resolve many auto disputes efficiently. Keep in mind that there is no general cooling-off period for purchases made at a dealer’s premises in Switzerland.

Frequently Asked Questions

What counts as auto dealer fraud in Switzerland?

Dealer fraud includes deliberate misstatements or concealment of material facts such as mileage, accident damage, major repairs, rust or structural issues, number of owners, or whether the vehicle passed inspection. It also includes misleading claims about a warranty or service plan, unfair contract clauses, or falsified documents.

Is odometer rollback illegal?

Yes. Manipulating mileage and selling the vehicle on the basis of that false figure can amount to criminal fraud and a violation of the Unfair Competition Act. It also gives the buyer strong civil remedies under the Code of Obligations.

Do I have a right to return the car if I find a serious defect?

Possibly. If a defect is serious and existed at the time of delivery, Swiss law allows rescission of the sale, which means returning the car and getting your money back. Whether rescission is available depends on the defect’s severity and other circumstances. In less serious cases, a price reduction is typical, and repair may be an option if agreed.

How quickly must I notify the dealer about defects?

Promptly. You must examine the car as soon as feasible after delivery and notify the dealer immediately when you discover a defect. Hidden defects discovered later must also be reported without delay. Written notice with clear details and supporting evidence is recommended.

Can a dealer exclude the warranty on a used car?

Dealers often try to limit the statutory warranty period for used cars to one year, which can be valid if expressly agreed. However, a dealer cannot exclude or limit liability for defects that were intentionally concealed or for fraudulent misrepresentation. Contract clauses are scrutinized case by case.

Does an MFK pass mean the car has no defects?

No. An MFK pass confirms compliance with roadworthiness standards at the time of inspection, but it does not guarantee the absence of defects or prior accident damage. You still retain warranty rights for defects that existed at delivery and were not disclosed.

Is there a cooling-off period for car purchases in Dornach?

Generally no. Purchases made at the dealer’s premises typically do not include a statutory cooling-off right. Some specific situations such as certain doorstep sales have revocation rights, but these rarely apply to standard showroom purchases. Always review your contract for any contractual return rights.

What evidence should I collect if I suspect fraud?

Gather the written contract, order form, advertisements, emails, text messages, and any warranty or service plan documents. Keep the vehicle registration certificate, MFK report, service records, and invoices. Take dated photos or videos of defects and obtain an independent expert report from a recognized testing service to document the issues.

Should I file a police report?

File a police report if you believe there was criminal behavior such as odometer manipulation, forged records, or deliberate deception. A police investigation can run in parallel with civil remedies. Speak to a lawyer to coordinate timing and ensure your civil claims are protected.

What if financing or leasing is involved?

If the purchase was financed or leased, notify the lender or lessor promptly about the defects and your proposed remedy. Contract terms may affect your options and obligations. A lawyer can help you coordinate with the finance company and avoid steps that could harm your position.

Additional Resources

Strassenverkehrsamt Solothurn road traffic authority for registration, MFK inspections, and administrative questions.

Kantonspolizei Solothurn for reporting suspected criminal fraud, such as odometer manipulation or forged records.

Conciliation authority for civil matters in the canton of Solothurn, which handles mandatory pre-court conciliation in many disputes.

Stiftung fuer Konsumentenschutz, Federation Romande des Consommateurs, and Associazione Consumatori della Svizzera Italiana for consumer guidance and templates for notices of defects.

SECO State Secretariat for Economic Affairs for information on unfair commercial practices under the Unfair Competition Act.

Auto Gewerbe Verband Schweiz industry association, which may offer mediation contacts for disputes with member garages and dealers.

Touring Club Schweiz and DEKRA Schweiz for independent technical inspections and expert assessments of used vehicles.

Legal protection insurers Rechtsschutzversicherung that may cover lawyer fees, expert reports, and court costs related to consumer disputes.

Next Steps

Document everything immediately. Write down dates, conversations, and promises, and save all ads and messages. Take clear photos or videos of defects. Avoid authorizing extensive repairs before you have documented the issues and obtained legal advice.

Notify the dealer in writing without delay. Send a dated, detailed notice of defects, request a specific remedy repair, price reduction, or rescission, and set a reasonable deadline. Use registered mail and keep copies of all correspondence.

Obtain an independent expert report. A technical assessment from a recognized testing service strengthens your position, helps quantify a price reduction, and can be decisive in conciliation or court.

Review your contract and insurance. Check for warranty clauses, limitations, or exclusions, and verify whether you have legal protection insurance. If the car is financed or leased, inform the finance company promptly.

Consult a lawyer experienced in auto dealer disputes. A local or regional practitioner can assess your claims under the Code of Obligations, the Unfair Competition Act, and any criminal aspects, manage deadlines, and represent you in conciliation and court in the canton of Solothurn.

Consider filing a police report if there are indications of fraud. Coordinate this with your lawyer to ensure it supports rather than delays your civil claim.

Prepare for conciliation. Most civil disputes require an attempt at conciliation before a court case. Bring your contract, correspondence, expert report, and a clear proposal for settlement.

Act within time limits. Warranty claims are time sensitive, and prompt notice of defects is critical. If there is evidence of intentional concealment, additional options may remain available, but you should still act quickly.

This guide is for general information only and is not legal advice. For advice about your specific situation in Dornach or the wider canton of Solothurn, consult a qualified Swiss lawyer.