We ordered two identical vehicles as a special model and also financed them. Since the model was already there I took the vehicle which was on the yard. My daughter wanted one in silver so she ordered it. After only 3weeks came hers and we quickly realized that it is a little different. Now she has allowed it and we had to find out that hers is already the Euro 5 version and a new model 2011. The manufacturer himself, however, still advertises with the old version. i asked the manufacturer, he told me that the engine variant I did not build any more!! Can I order a new one??? Here’s the information I found. I signed a purchase contract for a new car (contract) on 7.7 and registered on 22.7…. What do you mean??? Are special models equal to run-out models??? No new car as a material defect Due to the new car order, the seller owes a new vehicle. A new vehicle is available if it is up to According to the case law, the term “new vehicle” usually also includes the nature of the “factory novelty”. According to the most recent case law of the BGH (judgment of 15.10.2003, Az. VIII ZR 227/02, DAR 2004, 23, ADAJUR Doc. No. 56418), an unused vehicle is still “new to the factory, if and as long as the model of this vehicle is continued unchanged (no change of model), it is not a man due to longer service life. In the case of the change of model, it is necessary to focus on the unchanged production of the vehicle model (BGH judgment of 22.03.2000, Az. VIII ZR325/98, DAR 2000, 301 f, ADAJUR Doc. No. 38920, BGH judgment of 16.07.2003, Az. VIII ZR 243/02, DAR 2003, 510, ADAJUR Doc. No. 55129); the cessation of production of the previous mod ells is decisive as an objectively recognisable time point and not – as the court of first instance had decided – the delivery of the new model to the trade (BGH judgement of 16.07.2003,DAR 2000, 301). No new vehicle is a pre-model if an immobiliser and ABS are installed in a running model series and the pre-model does not yet have this equipment (OLG Zweibrücken NJW 981211).