Facts: After the handover of a used car, the buyer discovers that the brakes do not work when the steering wheel is turned. It turns out that the seller, who sold the vehicle, is not – as stated at the time of sale – a certified car mechanic. The inspection of the vehicle was not carried out at all.

Question: Does the buyer really have to give the seller the opportunity to repair the vehicle or can he (cancel the contract) and demand his money back?