Hidden defects when selling a scooter?

Questioner

Bought an electric scooter with the reason that the seller could make it faster while maintaining the warranty to 32 km per hour. So without this option I would never have bought it online. Now it turns out that upon delivery he would only drive up to 28 km and after request he would reach the promised speed on his own after 3 or 4 times of driving completely empty and fully charging. Even after being charged four times he does not reach the speed without aids (tailwind bridge off). In the last email the seller replied that he knew about it and that some scooter models would reach this speed He wants to resolve the dispute by making the scooter original again and refunding the money. But that is not an option for us because we went for the total package, without this option we would never have bought this scooter. Question 1: Did the seller now sell this scooter with a hidden defect because he knew that the speed could not be achieved? Question 2: since the speed of 32 km was a guarantee, in my opinion we are talking about a result commitment? Now that the scooter does not reach this speed, do I have the right to reverse the entire purchase and not just the option as the seller proposes.

Lawyer

If you have clearly stated your requirements when buying the scooter and the seller knew that the scooter sold did not meet these, there could be a mistake. The result is that you can cancel the purchase. In order to be able to give a concrete answer, it is important to go through the relevant documents (purchase agreement, correspondence between you and the seller). Feel free to contact us without obligation to discuss your case (tel. 06-49175526). Kind regards, Silvienne Leito FerLei Legal