Streit mit Händler: Defekt: Autokäufer verlangt 122.000 Euro für Nutzungsausfall

In a dispute with a car dealer, an auto buyer in Germany has sought compensation of more than €122,000 for the loss of use of his vehicle. The case was decided by the Oberlandesgericht (OLG) Frankfurt am Main on December 11, 2025. The buyer purchased the used car for around €48,500 from a dealer in June 2021. After acquiring the vehicle, he noticed moisture in a headlight and requested that the defect be fixed.

The dealer initially refused to make the necessary repairs. The buyer then sought a self-representation process in court, as an expert would evaluate the defect. The expert concluded that the ventilation system of the headlight was defective, rendering the car technically unfit for road use. Despite this, the buyer continued to use the car without any restrictions until its repair in June 2023.

The buyer subsequently demanded compensation for the loss of use for a total of 699 days, exceeding €122,000. The lower court granted the buyer the repair costs plus interest, as well as a compensation for the loss of use, but only for the actual repair duration of two days. The higher court, the OLG Frankfurt am Main, upheld the previous decision, stating that a claim for loss of use only exists when the affected party does not use their vehicle.

The real economic loss is the crucial factor. The OLG emphasized that the utility of a vehicle is considered a valuable asset and should be viewed as a monetary benefit, which can result in an economic loss when temporarily withdrawn. If the vehicle, despite the defects, is still used, no economic loss is present. The decision highlights that loss of use compensation would only be considered when there is a real loss of the vehicle's utility.