In the German car market, the mileage (Kilometerstand) is one of the most important factors influencing the price of a vehicle. For this reason, some dishonest sellers resort to altering or rolling back the odometer before selling the car – a practice that is strictly prohibited by law and can lead to both civil and criminal consequences.
Legal classification: Criminal fraud (Betrug)
According to Section §263 of the German Criminal Code (StGB), manipulating a car’s odometer constitutes criminal fraud (Betrug) if:
the seller deliberately changes the odometer, or
the seller is aware of the manipulation and fails to inform the buyer,
and as a result the buyer suffers financial damage (paying more than the car is actually worth).
In such cases, the potential penalties include:
imprisonment for up to 5 years, or
a substantial monetary fine.
Is mere tampering with the odometer punishable?
Yes. Even if the car has not yet been sold after the manipulation, merely changing the odometer reading already constitutes a violation of:
§22b of the Road Traffic Licensing Regulations (Straßenverkehrs-Zulassungs-Ordnung – StVZO),
which criminalises “unauthorised interference with the odometer”.
Sanctions in this context can be both administrative and criminal, and may include:
an administrative fine of up to €10,000,
and, in addition, criminal prosecution if the manipulated odometer is later used in a sale.
Civil liability and compensation
If the buyer discovers after the purchase that the odometer has been manipulated, they are legally entitled to:
withdraw from the contract entirely (Rücktritt vom Kaufvertrag), or
claim a reduction of the purchase price (Minderung), or
demand financial compensation (damages) for the loss incurred by paying an inflated price.
The seller can also be legally obliged to bear the costs of legal proceedings and technical inspections or expert reports.
Selling the car despite knowledge of manipulation – even without doing it yourself
Even if the seller has not personally altered the odometer, but knew about the manipulation and failed to disclose it to the buyer, they can be held just as liable as the person who actually carried out the manipulation.
German courts generally consider concealing the truth in such cases to be a form of outright fraud.
How is odometer manipulation detected?
Possible methods to uncover odometer fraud include:
comparing the current mileage with data in previous TÜV inspection reports or regular maintenance records,
checking periodic inspection reports (HU-Bericht),
reviewing workshop records or old invoices that show earlier mileage readings.
Conclusion
Odometer manipulation is not just a minor regulatory offence; it is a form of criminal fraud under German law and can lead to imprisonment and heavy fines. At the same time, the affected buyer has a full legal right to rescind the contract and claim damages. Therefore, transparency in car sales is not only an ethical principle, but also a legal obligation that must be taken very seriously.
The editorial team of this website strives to provide accurate information by conducting thorough research and consulting multiple sources when preparing articles. Nevertheless, errors may occur, or some information may be incomplete or not fully confirmed. For this reason, the information presented in these articles should be regarded only as an initial point of reference, and readers are strongly advised to consult the relevant authorities or qualified professionals for binding, officially reliable information.
