Recently updated on November 19, 2020 at 12:01 am

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Warranty when buying a private car - caution is advised

Sometimes the bargains are just too tempting! If you buy a private seller when buying a car, you can often get a used one cheaper than from a dealer. But the risk is also higher. It's good to know that there are or can be rights for buyers when it comes to buying a car.

A question of warranty

Warranty or liability for defects is the obligation of the seller to sell a car that is free of defects, at least those that are not mentioned in the purchase contract. This means that the seller is liable for all defects that already existed during the sale and which he did not inform the buyer about. Private car sellers may exclude this liability for defects, however, this must be expressly stated in the contract or clearly and demonstrably documented in the case of an oral contract. If the seller has forgotten this or if the disclaimer is invalid, he is liable - just like a commercial car seller.

The safe car purchase from private

Some steps are always the same when buying a car. For example, financing should take place before the first visits, for example through a loan. It is important to check exactly which provider delivers the best conditions. Once the vehicle of choice has been found and thoroughly examined, it is time to negotiate the prices and the contractual terms. Mostly private car sellers use contracts that can be obtained from the Internet. There the disclaimer is already included as a passage and is also valid in many cases. But there are exceptions. In 2014, the BGH stipulated that private sellers cannot completely exclude liability. This in particular damage to body and health as well as gross negligence. If this is stated in the purchase contract, then there is a good chance that the entire contract can be declared invalid and reversed if a defect occurs.

If it comes to the point that a sales contract has to be challenged, this can happen for various reasons. This includes concealing accident damage, (falsely) guaranteeing freedom from accidents, providing incorrect information about the vehicle or incorrect total mileage. The individual case always decides what the chances of success are and whether a challenge to the contract makes sense.

You can read even more tips for the right used car purchase here!

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