Best Auto Dealer Fraud Lawyers in Kitzingen

About Auto Dealer Fraud Law in Kitzingen, Germany

Auto dealer fraud refers to deceptive or unlawful practices by car dealerships when advertising, selling, or financing vehicles. In Kitzingen, as elsewhere in Germany, buyers are protected by strong consumer and contract laws. Typical issues include hidden accident damage, rolled-back odometers, false mileage or equipment information, undisclosed rental or commercial use, and misrepresentations about inspection status or service history.

German law distinguishes between civil remedies to fix or unwind a bad deal and criminal consequences for intentional deceit. Most disputes are resolved under civil law rules on defects and misrepresentation, while serious deception such as odometer manipulation can also be a criminal offense. Buyers in Kitzingen can enforce their rights through negotiation, the local automotive conciliation board, or the courts in the region.

Why You May Need a Lawyer

You may need a lawyer if a dealer refuses to repair a defect, denies that a problem existed at delivery, or insists the sale was as-is. A lawyer can evaluate your documents, preserve evidence, and set the right legal deadlines and demands, which is critical under German civil procedure.

Legal help is especially useful in these situations: the car has serious hidden defects, the dealer advertised accident-free status that proves false, mileage appears manipulated, there is a dispute after multiple failed repair attempts, a warranty has been improperly limited, you bought online or at a distance and want to use withdrawal rights, the car was financed and you need to unwind both the purchase and the loan, or you wish to file a criminal complaint for fraud.

Early legal advice can prevent missed deadlines, secure expert inspections, and improve the chances of a fair settlement or a strong case in court.

Local Laws Overview

Key legal protections come from the German Civil Code BGB. Section 434 BGB defines when a car is defective, including when it does not match agreed qualities such as mileage, accident-free status, or equipment. Sections 437 and 439 BGB give you remedies: repair or replacement first, then price reduction or rescission and damages if cure fails or is refused. Buyers must normally give the dealer a reasonable deadline to cure.

For consumer purchases from a dealer, statutory warranty generally lasts two years from delivery. For used cars, a dealer may reduce this to one year if agreed in the contract. Dealers cannot exclude warranty altogether in consumer sales. If a defect appears within the first 12 months, Section 477 BGB presumes the defect existed at delivery unless the dealer proves otherwise. If the dealer fraudulently concealed a defect, time limits are longer and you can also avoid the contract for fraudulent misrepresentation under Sections 123 and 124 BGB.

Distance and off-premises purchases can trigger a 14-day right of withdrawal under Sections 312g and 355 BGB. This usually applies when you buy without visiting the dealership premises, for example a pure online purchase with delivery. It typically does not apply if you conclude the contract on-site after a test drive.

Deceptive advertising practices can violate the Unfair Competition Act UWG. Price information must comply with the Price Indication Ordinance PAngV. Odometer manipulation is prohibited. Section 22b of the Road Traffic Act StVG bans altering odometers and trading in devices for manipulation. Selling a car with rolled-back mileage can also be prosecuted as fraud under Section 263 of the Criminal Code StGB.

In Kitzingen and the Lower Franconia region, civil disputes are generally heard by the Amtsgericht Kitzingen for lower amounts in dispute and by the Landgericht Würzburg for higher value claims. Many auto trade disputes can be addressed first through the regional automotive conciliation board Schiedsstelle des Kfz-Gewerbes, which is a quick and low-cost forum for consumers.

Frequently Asked Questions

What counts as auto dealer fraud in Germany?

It includes false statements or concealment of material facts about the car, such as rolled-back mileage, undisclosed accident or structural damage, fake service history, misrepresented equipment, or claiming inspection or warranty coverage that does not exist. It also includes deceptive pricing or financing terms. Some acts are civil matters, and some are criminal.

What are my basic rights if my car is defective after purchase?

You can demand repair or replacement first. If that fails, is refused, or is unreasonable, you can reduce the price or rescind the contract and return the vehicle. You may also claim damages. You should notify the dealer promptly and set a clear deadline for cure in writing.

How long do I have to make a claim?

Statutory warranty lasts two years from delivery for consumer purchases from a dealer, which can be reduced to one year for used cars if agreed. If a defect shows up within 12 months, the law presumes it existed at delivery. For fraudulent concealment or misrepresentation, additional rules apply, including a one-year period to avoid the contract after discovery of the fraud and a longer limitation period for claims.

Can a dealer sell a used car as-is and avoid responsibility?

No for consumer purchases. Dealers cannot exclude statutory warranty in B2C sales. They can reduce the period to one year for used cars by agreement, but they remain responsible for defects that existed at delivery and for any fraud. As-is clauses do not protect a dealer that concealed defects.

What should I do immediately if I suspect fraud or a serious defect?

Stop using the car if continued use could worsen the defect. Document everything with photos, messages, and records. Notify the dealer in writing, describe the issues, and set a reasonable repair deadline. Avoid authorizing major repairs elsewhere before giving the dealer a chance to cure, unless the car is unsafe. Arrange an independent expert opinion if needed. Consult a lawyer to frame demands correctly.

How do I prove an odometer rollback?

Collect service records, previous inspection reports, and digital readings from control units if available. Independent experts, TÜV or DEKRA, and brand service centers can help validate mileage through diagnostic logs. Odometer manipulation is illegal, so consider reporting to the police. A lawyer can coordinate evidence for both civil and criminal proceedings.

Do I have a 14-day right to return the car?

Only if you bought via distance or off-premises methods that qualify under consumer law. If you visited the dealership and signed there, you typically do not have a statutory withdrawal right. Independent of that, you can rescind due to defects after proper cure attempts or due to fraudulent misrepresentation.

What if the dealer tried to fix the car multiple times without success?

After at least one or two failed repair attempts depending on the defect, you can usually switch to price reduction or rescission. Keep records of each attempt and the time the car was in the shop. A lawyer can help you set the final deadline and choose the right remedy.

I financed the car. Can I unwind the loan too?

Often yes. Many car finance agreements are connected to the purchase as a linked transaction. If you effectively rescind the purchase, you can usually unwind the loan as well. Provide the bank with notice and the legal basis. A lawyer can coordinate communications with both dealer and lender.

How much will it cost to pursue a claim?

Costs depend on the amount in dispute and the procedural path. Germany uses a statutory fee schedule for lawyers and courts. Many people have legal expenses insurance that covers consumer contract disputes. Those with limited means may qualify for Beratungshilfe for advice and Prozesskostenhilfe for litigation. Ask a lawyer for a cost estimate before proceeding.

Additional Resources

Verbraucherzentrale Bayern e.V. - Consumer advice on car purchases, warranties, and deceptive practices.

Kfz-Innung Unterfranken and its Schiedsstelle - Regional automotive trade association and conciliation board for disputes with car dealers and workshops.

Amtsgericht Kitzingen and Landgericht Würzburg - Local courts handling civil disputes arising from vehicle sales.

Polizei Unterfranken - For filing criminal complaints related to odometer manipulation or fraud.

Landratsamt Kitzingen - Local administrative authority that can provide guidance on consumer matters and refer to appropriate bodies.

TÜV SÜD and DEKRA - Independent inspection services and expert opinions on vehicle condition and mileage.

Industrie- und Handelskammer Würzburg-Schweinfurt - Regional chamber that can provide business information and mediation contacts.

Next Steps

Gather all documents, including the purchase contract, advertisements, handover protocol, service book, inspection reports, and written communications. Keep a clear timeline of events and defects.

Notify the dealer in writing. Describe the defect or misrepresentation, demand repair or other appropriate remedy, and set a reasonable deadline. Send your letter with proof of delivery and keep copies.

Arrange an independent expert assessment if the defect is disputed or technical. An expert report often determines the outcome in car cases.

Consider contacting the Kfz conciliation board Schiedsstelle in Unterfranken for a quick, low-cost resolution. This path can preserve evidence and encourage settlement.

Speak with a lawyer experienced in auto dealer cases in the Kitzingen area. Ask about your remedies, deadlines, evidence, costs, insurance coverage, and whether a criminal complaint is advisable for serious deception.

If you financed the purchase, inform the lender that there is a dispute and seek advice on handling linked contracts. Do not sign settlement terms or waivers without legal review.

Act promptly. Consumer protection rules are strong, but they work best when you assert your rights early, set proper deadlines, and document everything carefully.