Legal Assistance for Car Purchase Problems

Questioner

Last February we ordered a new Fiat 500. Nice because we used the VAT free promotion. Yesterday (15 April 2016) we received a phone call from the dealer that the car had arrived. Upon arrival the car turned out to be a Fiat 500 convertible. The dealer wants to deliver the car but with an additional payment of 2300 euros. We do not want to agree to this. We have asked the dealer to order the correct car under the same conditions. According to the dealer this is not possible because the promotion has ended. The dealer now wants to terminate the agreement because he can do so according to the BOVAG conditions. Is that allowed?

Lawyer

This is not allowed, it would also be unreasonable. The dealer should have ordered the right type of car and this error is therefore attributable to him, whereby he must still deliver the ordered car at the agreed price. I advise you to inform the dealer of this in writing by registered mail, failing which you will take legal action. Usually the intervention of a lawyer offers better and faster results. If desired, you can contact me directly and free of charge for further assistance.