📑 Car financing and leasing: revocation
In brief
For a car loan for private individuals, you can usually revoke the contract within 14 days. But the period does not start before you receive the contract document or a copy. If mandatory information is missing, the period may start later.
Some leases are also financing aids, for example if you are obliged to buy or must answer for the residual value. Consumer loan rules apply to them.
Step by step
- Clarify the contract typeLoan, instalment purchase or lease with a residual-value or purchase obligation.
- Find the revocation noticeCheck the date and the information given.
- Declare the revocationState it clearly and in a way you can prove.
- Get adviceBefore revoking, ask the Verbraucherzentrale or a lawyer.
Deadlines
- There are exceptions to revocation, for example for notarised contracts (§ 495 BGB).
- Leasing without a purchase or residual-value obligation was not checked in full text.
- Unwinding and compensation for use after revocation: not checked.
- So-called perpetual revocation for a faulty notice: legal position not checked in full text.
In depth · legal basis, figures and practice – for advisers and professionals
Revocation (§ 495 BGB, § 355 BGB)
In a consumer loan contract the borrower has a right of revocation under § 355. The period is 14 days. § 495 names exceptions, such as repayment agreements to avert a termination and notarisation.
Start of the period (§ 356b BGB)
The period does not start before the lender has made available to the borrower a contract document intended for them, the written application or a copy. Missing mandatory information means the period starts only once it is supplied; the revocation period is then one month. For property loans the right expires at the latest twelve months and 14 days after the contract is concluded; this is not the norm for car purchases.
Leasing (§ 506 BGB)
Contracts for the paid use of an item count as financing aid if the consumer undertakes to acquire it or to answer for a residual value. The rules for consumer loans then apply. Small financings are excluded.
A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.