When privately selling a car, the question of warranty often arises. Unlike commercial sales, private sales operate under the principle of “sold as seen.” But what does this mean exactly?
Warranty Exclusion in Private Sales
When a private individual sells a car to another private individual, a warranty exclusion is generally permissible. This means the seller is usually not liable for material defects that the vehicle has at the time of sale. However, the situation is different if the seller has fraudulently concealed a defect.
Private car sale agreement
“Fraudulent concealment occurs when the seller knew about a defect and deliberately hid it from the buyer,” explains automotive expert Markus Schmidt. “In this case, the buyer can assert their right to subsequent performance or withdrawal from the purchase contract.”
What Does “Sold As Seen” Mean in Practice?
“Sold as seen” does not mean that the buyer automatically has to accept all defects in the vehicle. However, the buyer has a duty to thoroughly inspect the vehicle before purchase.
Tips for Buyers:
- Test Drive: Always take an extensive test drive and pay attention to unusual noises or conspicuous driving behavior.
- Vehicle Check: Have the vehicle checked by an independent expert or a workshop you trust.
- Ask Questions: Don’t hesitate to ask the seller questions about the condition of the vehicle.
Private car sale checklist
What to Do in Case of Defects After Purchase?
If defects appear on the vehicle after purchase, the buyer must prove that they were already present at the time of sale. This is often difficult to prove retrospectively. Therefore, it is advisable to play it safe when buying a used car privately and to record all important points in the purchase contract.
Important Points in the Purchase Contract:
- Complete details of seller and buyer
- Accurate description of the vehicle (Vehicle Identification Number, mileage, etc.)
- Purchase price
- Warranty exclusion (with reference to “sold as seen”)
- Date and signatures
Conclusion
Buying a used car privately involves certain risks for both the buyer and the seller. However, these can be minimized with proper preparation and a detailed purchase contract. If you are unsure, it is advisable to seek professional help from a lawyer or an automotive expert.
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