Bought a used car – and suddenly defects appear: when you can demand repairs, withdraw from the contract or have to pay less. Everything about liability for material defects, warranty and guarantee.
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If there are defects, ask for improvement first
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Private sellers may exclude liability for defects
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Used car warranty applies in addition to legal liability for defects
Very annoying if you have bought a used car that has defects. What you can charge in such a case depends on whether you bought from a dealer or a private individual.
Bought used car from dealer
A legal one applies to every purchase contract Liability for material defects – colloquially also as Warranty known – from two years. If you buy as a private individual from an entrepreneur, liability for material defects is usually determined by the contract shortened to one year. However, the entrepreneur cannot completely exclude liability.
Who is considered an entrepreneur?
Being an entrepreneur is not just a vehicle dealer. Anyone who uses their vehicle as part of their commercial or business activity is also an entrepreneur self-employed activity sold. For example, a self-employed craftsman, a doctor, a lawyer or an architect who sells their used business vehicle.
What is a material defect?
Not every defect in the vehicle falls under legal liability. Normal traces of use The buyer has to accept this for a used car. In contracts that since January 1st, 2022 are closed, the retailer must cater to private customers unusual signs of wear Clues. If he doesn’t do that, he has to be liable for it.
Who has to prove the defect?
The deficiency must be there upon delivery have existed in order to fall under liability for material defects.
If you bought the vehicle as a private individual from an entrepreneur (so-called consumer goods purchase), one applies Facilitation of evidence: Occurs within of the first year If a defect occurs after purchase, it is assumed that it was present when the vehicle was handed over. The seller has to prove otherwiseif he doesn’t want to be liable. After this time, the buyer must prove that the defect already existed upon delivery.
Right to repair or replacement delivery
If it is clear that the seller is liable for a material defect or the non-existence of a guaranteed feature, you can generally do so choose between
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Rework (elimination of the defect) or
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Replacement delivery (Delivery of a defect-free vehicle).
When buying a used car, it will come down to repairs because it is usually not possible to deliver a defect-free vehicle.
Repair only by the seller
You must give the seller the opportunity to make repairs yourself and may not simply commission another workshop to carry out the repair. The seller is regularly informed of any defects two attempts at improvement to. At Purchase contractsthe since January 1st, 2022 closed, the number of repair attempts depends on the individual case.
There is one willful deception beforehand, you usually do not have to agree to supplementary performance, but can do so immediately withdraw from the purchase contract or demand a reduction. However, it is often difficult to prove fraudulent intent. You should therefore consider requesting supplementary performance first.
Repair: The dealer must bear these costs
The commercial seller must cover the following costs as part of the repair (if these are actually incurred):
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All costs associated with the repair (e.g. towing costs to the nearest workshop, repair-related materials, lubricants, as well as travel costs to and from the workshop to carry out the repair). As a consumer, you can request repairs from the dealer Advance payment for example, the costs of transporting the vehicle to the dealer.
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The costs caused by the expansion a defective and the (re-)Installation of the defect-free component. The retailer may not exclude or limit this obligation towards a consumer through contractual clauses.
In addition, the seller does not have to cover any costs such as rental car costs, loss of use or loss of earnings. These demands can only be met by one person provable fault of the seller.
Choice between withdrawal or purchase price reduction
You can withdraw from the contract or reduce the purchase price if
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the seller undertakes supplementary performance finally denied.
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the Subsequent fulfillment failed is. For purchase contracts concluded by December 31, 2021, this is usually the case after the second unsuccessful attempt at repair. For contracts concluded since January 1, 2022, the number of attempts to make improvements depends on the individual case.
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the seller for the repair not possible is.
This is how resignation works
In principle, withdrawal is only possible for one person significant deficiency possible. The purchase contract is then canceled. This means: you return the car and get your money back.
However, you usually don’t get the full purchase price back. Because you have to get a so-called Compensation for use be credited. This offsets the advantage that you used the car until you returned it. The only thing that matters in the calculation is: kilometers traveled in relation to the (remaining) total mileage.
When you can reduce the purchase price
One reduction In contrast to withdrawal, the purchase price is also included insignificant defects possible. It is determined by estimation. If necessary, an expert must determine the reduction amount.
Bought used car privately
A private seller or a private seller may use a clause in the purchase contract to do so as required by law Exclude liability for material defects. This is common when selling a car privately and means that the private seller is generally not liable for defects in the vehicle.
The private seller liable Despite the exclusion of liability for material defects, but for:
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Guarantee commitments
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fraudulently concealed defects
Liability for guarantee promises
If the private seller compatible has given a guarantee for a property of the car, he or she is liable for this promise. A guarantee promise exists if the seller recognizes the existence of a certain property assume liability and wants to take responsibility for the consequences of their absence.
It is often difficult to decide whether the information in the purchase contract should be a real guarantee promise or just a general one non-binding offers (e.g. “Car 100 percent fine”). Information in advertisements and on sales signs can also be guarantee promises. The assessment depends on Individual case away.
Liability in the event of fraud
The seller is liable for fraud. This occurs when the Salesperson or the saleswoman the Knows lack (or expects the existence of a defect) and it to the buyer concealed. However, he has to Buyer or the buyer prove that the car is defective and that the seller was aware of it. Knowledge in particular is often difficult to prove in practice.
The seller must contact the buyer as known to him/her, significant defects of the car (e.g. accident damage) even without an explicit question.
What does the used car warranty cover?
The scope of liability for material defects and used car guarantees differ.
Liability for material defects
Liability for material defects is one statutory law. In the case of a sale between a dealer or entrepreneur and a private individual, liability cannot be excluded. This means: The seller is liable at least a year for all defects in the car upon delivery had. Repair work within the scope of liability for material defects is for the buyer for free.
Used car guarantee
The guarantee is not required by law. Dealers often offer a used car warranty. This is partly included in the purchase price or can be purchased additionally. A guarantee does not limit claims arising from statutory liability for material defects.
The most important points about the used car guarantee:
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It usually doesn’t matter when the defect occurred.
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In some cases, the warranty repair can also be carried out by other (contracted) workshops.
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The repair costs are often not covered or not completely covered. As a rule, only certain vehicle components are included. The buyer is often required to pay a deductible.
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Withdrawal or purchase price reduction are generally not provided for.
Tip: Read the warranty conditions. They also contain information about the duration of the guarantee and the obligations that the buyer must comply with in order to maintain the guarantee.
For contracts that have been in place since 1/1/2022 are closed, the dealer must provide the private customer with the Warranty documents on a permanent data carrier (e.g. USB stick or via email). This must be done at the latest when the vehicle is delivered.
Legal rights exist in addition to the used car warranty
Some dealers point out defects Used car guarantee and claim that there are only claims under the guarantee. However, legal rights apply in addition to the demands from a used car warranty. The seller may have the right to resignation or Purchase price reduction Therefore, do not refuse on the grounds that the used car warranty does not provide for such a right.
Tip: Inform your seller if you want to take advantage of the used car warranty. Have it confirmed that he recognizes the third-party workshop’s work as an attempt at improvement.
How to enforce your claims
In the event of a dispute, you can, for example, request a reduction in the purchase price or an advance on transport or travel costs without a lawyer push through:
Arbitration
When buying a car, you can call the Motor Vehicle Arbitration Board for Used Car Dealers* if the dealer is a guild member.
Dunning procedure
Small monetary claims can be asserted using the court dunning procedure. lawyers explain how the dunning process works:
contract lawyers
members can seek advice from an contract lawyer if they have difficulties purchasing a used car.
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