Can I cancel my car purchase?

Questioner

I bought a new Opel Ampere E in 2020. As is known, problems with the high-voltage battery in April 2023. New battery. But on December 7, 2023, spontaneously with gas on the highway all power gone, was three quarters full. The mileage is only 26,000. According to my dealer this was a software problem. The car has been at the dealer since then. Now on 12-01-2024 I still don't have the car back. I don't know when it will be ready. I chose this car because of its range. We are wintering in Spain and have not been able to go with the car for 3 years now. Because of this we incur extra costs every time. Can I still cancel the purchase?

Lawyer

You could consider cancelling the purchase of your car under the heading of 'non-conformity'. Non-conformity means that the product (in this case the car) does not have the properties that you may expect based on the agreement. This also applies to defects that only occur after a while. There are a number of conditions attached to being able to cancel a purchase on the grounds of non-conformity: 1. The defect must already exist at the time of purchase. 2. You must report the defect to the seller within a reasonable time (usually within two months) after you discovered it. 3. The seller must be given the opportunity to remedy the defect. 4. You may cancel the agreement if the seller cannot repair the defect within a reasonable period of time, or if the repair cannot be carried out without serious inconvenience to you. Given your situation, it seems that you have already met the requirements of notification and the chance of repair. The next steps could be to talk to the dealer about canceling the purchase, or to seek legal advice from a specialized lawyer or attorney. Please note: there are certainly nuances here and the outcome depends very much on the specific circumstances. In addition, the expected lifespan of the car decreases the longer you use it, and this can affect your rights. It is therefore important to be well informed. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.