display
Karlsruhe (dpa) - Consumers have no right of withdrawal when leasing a car with mileage billing.
The Federal Court of Justice (BGH) in Karlsruhe decided in a model case.
Such a leasing contract does not meet the relevant requirements, said the presiding judge Karin Milger at the verdict on Wednesday.
(Az. VIII ZR 36/20)
This means that the strategy of some lawyers does not work to help clients get out of their leasing contract even after years using a "withdrawal joker".
This trick would have allowed customers to drive the car for a few years and then withdraw and reclaim the installments.
The deadline for revocation normally ends after 14 days.
However, if the consumer has not been informed or has not been properly informed about his rights, the deadline does not start and the contract can be withdrawn forever.
The lawsuit in the case was directed against the Mercedes Benz leasing company.
According to the BGH, a large number of similar proceedings are currently pending in the courts.
With the second leasing model, the residual value guarantee, it is undisputed that cancellation is possible.
display
© dpa-infocom, dpa: 210224-99-575531 / 2
Announcement by the BGH
Judgment of the OLG Stuttgart of October 29, 2019
display
ADAC information on leasing and the various models
ADAC on the right of withdrawal
Example for lawyer advertising for the "withdrawal joker"