Wednesday, March 16, 2016

In Germany, if you buy a car from a dealer and the manufacturer misrepresents the specifications it is NOT the dealer's fault

I came across and interesting article on the BNN iPad app relating to the liability of a dealer being sued by a customer in respect of the manufacturer misrepresentations related to fuel efficiency.  The article states that the German Court dismissed the claim because the dealer was not at fault.  This is odd logic as the dealer communicates information provided by the manufacturer.  Should not some liability fall on the shoulders of the dealer and should the dealer not have to stand behind the representations that the dealer makes?  It will be interesting if the same claim will be asserted in Canada how our Courts may deal with this.  The better strategy would be to sue both the dealer and the manufacturer.