Wegweiser Vehicle keepers · Duties and rights around the car Deutsch

🔑 Buying a used car: warranty and rescission

What rights you have when buying a used car from a dealer or privately, and when withdrawal is possible.

used car statutory warranty material defect withdrawal from contract burden of proof dealer private sale limitation period

In brief

If you buy a used car from a dealer, you have warranty rights. If a defect appears within one year of handover, it is presumed to have existed at handover. Your defect rights normally become time-barred two years after delivery.

When buying privately, the warranty can be excluded. If the seller fraudulently conceals a defect, the exclusion does not help the seller.

Step by step

  1. Document the defectPhotos, inspection report, witnesses.
  2. Write to the sellerDescribe the defect and set a reasonable deadline for subsequent performance.
  3. Choose your rightsSubsequent performance, withdrawal, price reduction or damages, depending on the case.
  4. Arbitration or a lawyerUse a Kfz-Schiedsstelle (vehicle arbitration board) or legal advice.

Deadlines

2 years from delivery
Limitation of defect claims in the normal case§ 438 BGB
1 year from transfer of risk
Reversal of the burden of proof in favour of the consumer§ 477 BGB
at least 1 year (used)
Shortening the limitation period only by a separate agreement notified beforehand§ 476 BGB
Watch out – common mistakes
  • When buying from a dealer, an exclusion of liability towards consumers is not possible (Verbraucherzentrale/search hit). Shortening the limitation period is limited.
  • Withdrawal normally requires setting a deadline for subsequent performance (§ 323 BGB) and is excluded for an insignificant breach of duty.
  • A guarantee and the statutory warranty are different things. Guarantee terms were not checked in full text.
  • Distance sales: revocation possible (§ 355 BGB). When buying a car in person, this right normally does not exist (not checked in full text).
In depth · legal basis, figures and practice – for advisers and professionals

Limitation and burden of proof

§ 438 BGB: defect claims become time-barred in two years for all other cases (so also for motor vehicles), starting with delivery of the item; for fraudulent concealment the regular limitation period applies. § 477 BGB: if a condition deviating from what was contractually owed appears within one year of transfer of risk, it is presumed that the goods were already defective at transfer of risk. § 476 BGB: agreements deviating to the consumer's disadvantage do not apply; shortening the limitation period is possible for used goods only to at least one year and only by express, separate agreement after prior notification.

Withdrawal (§ 323 BGB)

For a defect: reasonable deadline for subsequent performance. Not needed, among other cases, where performance is seriously and finally refused. Insignificant breaches of duty do not entitle you to withdraw.

Dealer and private (search hits)

An exclusion of the warranty is permitted only between private individuals. Private sellers then remain liable for known defects fraudulently concealed.

Not checked in full text

§§ 434 and 437 BGB, compensation for use on withdrawal, agency transactions, purchase contract forms, mileage and accident-free status as agreed quality, rescission for mistake (Anfechtung).

Who is responsible
  • Kfz-Schiedsstelle (for dealers in the motor trade)
  • Verbraucherzentrale
  • Lawyer / local court (Amtsgericht)
Further reading
Garage, repairs, guarantee and recallCar financing and leasing: revocation

Quick questions

Worum geht es bei „Buying a used car: warranty and rescission“?
What rights you have when buying a used car from a dealer or privately, and when withdrawal is possible.
Which deadlines and figures matter?
  • 2 years from delivery: Limitation of defect claims in the normal case (§ 438 BGB)
  • 1 year from transfer of risk: Reversal of the burden of proof in favour of the consumer (§ 477 BGB)
  • at least 1 year (used): Shortening the limitation period only by a separate agreement notified beforehand (§ 476 BGB)
What should I do first?
  • Document the defect: Photos, inspection report, witnesses.
  • Write to the seller: Describe the defect and set a reasonable deadline for subsequent performance.
  • Choose your rights: Subsequent performance, withdrawal, price reduction or damages, depending on the case.
What do I need to watch out for?
  • When buying from a dealer, an exclusion of liability towards consumers is not possible (Verbraucherzentrale/search hit). Shortening the limitation period is limited.
  • Withdrawal normally requires setting a deadline for subsequent performance (§ 323 BGB) and is excluded for an insignificant breach of duty.
  • A guarantee and the statutory warranty are different things. Guarantee terms were not checked in full text.
Evidence
  • Bundesministerium der Justiz, BGB §§ 323, 355, 438, 476, 477, retrieved 20 September 2026
  • Verbraucherzentrale, Gewährleistung und Garantie, search hit only, retrieved 20 September 2026
  • ADAC, Gebrauchtwagenkauf: Fahrzeugmängel, search hit only, retrieved 20 September 2026
As of

September 2026 · Sources and method

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