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BGH judgment: Normal rust damage to the exhaust is not a material defect
Photo: Ulrich Perrey / dpa
Buyers cannot return a used car just because of a rusted exhaust.
That was decided by the Federal Court of Justice (BGH).
In a ten-year-old small car with a mileage of more than 80,000 kilometers, rust damage to the exhaust system is "by no means unusual".
And as long as the car is still roadworthy, this does not constitute a material defect.
Specifically, the judgment was about a dispute between a used car dealer and a customer who bought a used Peugeot in 2014.
Nothing was complained about at the TÜV.
After a few months, however, the customer complained that the exhaust was making noise.
Attempts to repair the used car dealer were unsuccessful, which is why the customer eventually sued him.
He wanted the money paid for the car back.
The regional court and the higher regional court Cologne dismissed the action, whereupon the vehicle buyer appealed to the BGH.
This now also decided against him.
Az.VIII ZR 150/18
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kim / AFP
