2 October 2025
In a ruling of the Supreme Court on 28 June 2024 concerning non-conformity in the purchase of an electric car, an important decision was made regarding the vehicle’s driving range.
The buyer had received a brochure at the time of purchase which stated the car’s driving range. The buyer relied on this information, but in reality the car did not meet the specification. As a result, the buyer was entitled to dissolve the contract on the grounds of non-conformity.
Non-conformity in a purchase agreement means that the delivered product does not meet the expectations the buyer could reasonably have based on the agreement. In the case of an electric car, this may relate for example to driving range, charging capacity, or other specifications that are essential for the use of the vehicle.
When there is non-conformity, the buyer has various rights, including the right to dissolve the agreement. This means the buyer can undo the purchase and, in some cases, may also be entitled to compensation.
There have previously been many rulings concerning the tampering with odometer readings. Rolling back the mileage of a car constitutes fraud and may also result in non-conformity in a purchase agreement. When a car is sold with a rolled-back odometer, it does not meet the buyer’s expectations, and this amounts to non-conformity. In such cases, the buyer may also dissolve the agreement and possibly claim compensation. This latest ruling now specifically concerns electric cars.
It is essential that, when entering into a purchase agreement for a car, all relevant information is provided accurately and that both parties are aware of their rights and obligations. In the event of a dispute concerning non-conformity, it is advisable to seek legal advice in order to take the appropriate steps and safeguard your rights.
Are you dealing with a similar situation or do you have questions about non-conformity? Please feel free to contact us.
