Do you want to sell your car privately and are wondering what your rights and obligations are? A private sale offers many advantages, such as a higher selling price than trading it in at a dealership. However, there are also some things to consider, especially regarding the legal framework. In this article, you will learn everything important about “Private Sale Rights” when selling a car.
What does “Private Sale Rights” mean when selling a car?
In a private car sale, you sell your vehicle directly to a private individual without the involvement of a commercial dealer. This entails some legal peculiarities. The most important point: In contrast to commercial trade, the rule “sold as seen” generally applies to private sales. This means that as a seller, you have no statutory warranty obligation.
What does “sold as seen” mean for the seller?
In principle, “sold as seen” means that the buyer accepts the car in the condition it is in at the time of purchase. Defects that occur after the purchase are not your responsibility. However, there are exceptions:
- Fraudulently concealed defects: If you have knowingly concealed defects from the buyer that were not apparent during the inspection, you can be held liable for them despite “sold as seen”.
- Liability for material defects: Even if you as a private person have no warranty obligation, the buyer can assert liability for material defects. This means that he can withdraw from the purchase or reduce the purchase price if the car already had a defect at the time of sale – even if you were not aware of it. To avoid this, you should explicitly state in the purchase contract that you are selling the car excluding any liability for material defects.
What should the buyer pay attention to in a private purchase?
As a buyer, you should also pay attention to a few things in a private purchase to be legally protected:
- Thorough inspection: Take enough time to inspect the vehicle and carefully check it for possible defects. Have the last MOT (TÜV) report shown to you and insist on a test drive.
- Purchase contract: A written purchase contract is essential for a private purchase. Make sure that all relevant data such as purchase price, payment modalities and the exclusion of liability for material defects are clearly stated. You can find various sample contracts online, for example a Car Sale Contract ADAC.
- Vehicle history: Have the vehicle history shown to you to ensure that the car has not been stolen or reported as an accident vehicle.
Signing a private car sale contract
What rights do I have when deregistering the vehicle?
After a successful sale, you must deregister your car. There are also a few things to consider here:
- Deregistration within one day: After the sale, you only have one day to deregister the vehicle.
- Necessary documents: For deregistration, you need the vehicle registration certificate (Fahrzeugschein), the vehicle title (Fahrzeugbrief) and the license plates.
- Online deregistration: In many federal states, you can now also deregister your car online. Find out more from your responsible registration office. You can find more information on the topic of car deregistration here: deregister and sell car.
Private Sale Rights – Conclusion
The private sale of a car offers both advantages and disadvantages. By familiarizing yourself with your rights and obligations as a seller and carefully carrying out the necessary steps, you can sell your car safely and legally to a private individual. Remember to draw up a detailed purchase contract to avoid later disputes.
Further questions about Private Sale Rights?
Do you have further questions about selling a car? In our other articles you will find helpful information on the topic of Private Motorcycle Sale or selling on platforms like Sell on Auto Scout.
Exchanging money during a private car sale
Do you need further support or have specific questions about your car? Our car repair experts are happy to help you with advice and assistance. Simply contact us via our website – we will be happy to help you!
