Supreme Court: reversing an electric car purchase when the promised range is not achieved

In decision 3 Ob 188/24d of 24 June 2025, the Austrian Supreme Court clarified that electric car buyers need not accept inaccurate range promises. If a seller promises specific ranges during consultation and the car subsequently fails to achieve them, the contract may be cancelled even if the written agreement requires additional agreements to be in writing.

A company bought an electric car for field work. The seller orally promised approximately 250 kilometres in summer and at least 200 in winter. These figures were decisive for the buyer. In reality, the car managed only about 195–205 kilometres at average temperatures and substantially less in freezing conditions, insufficient for its intended use.

Despite a strict written-form clause, the Court upheld the oral promise. It would be contrary to good faith to rely on that clause after making a specific assurance known to be decisive for the other party's purchase. Range therefore became part of the contract, and the buyer could challenge it for an essential mistake under section 871 ABGB.

The contract was consequently cancelled. The buyer receives the price back and returns the car, but must pay usage compensation for kilometres driven. As in other decisions, the Court calculates this linearly using distance driven and expected total vehicle mileage. There was also a dispute about liability for a stone chip in the windscreen.

Tips for buyers

Buyers should also take care before any dispute arises. Brochure range figures are generally ideal values. Cold, heating, lights and individual driving style can reduce actual range considerably, especially in winter. They should not automatically be treated as a binding promise.

Ask specifically about realistic summer and winter ranges and, wherever possible, obtain confirmation, especially if range is crucial for your journeys. If promised figures are later not achieved, legal remedies up to cancellation may be available. However, expect usage compensation for kilometres already driven.

The decision strengthens buyers who rely on specific promises. Good documentation and realistic expectations also help avoid later disputes.

If your electric car appears not to meet what was promised, I will gladly assess whether cancellation or other remedies are available.

Free initial assessment — call now

Contact me for a free, non-binding first conversation. I will explain whether rescission, laesio enormis or other remedies apply and pursue your rights consistently.

As a lawyer, I know the legal options and have successfully represented dozens of car buyers in court. As a trained motor mechanic, I identify technical problems, assess expert reports and uncover hidden weaknesses, giving you a clear and realistic initial assessment.

I look forward to hearing from you.

Mag. Patrick Maydell, LL.M.
Attorney at Law
Neustiftgasse 17/1/9
1070 Vienna
Telephone: +43 1 2954251
office@maydell-law.at