🔑 Buying a used car: warranty and rescission
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
- Document the defectPhotos, inspection report, witnesses.
- Write to the sellerDescribe the defect and set a reasonable deadline for subsequent performance.
- Choose your rightsSubsequent performance, withdrawal, price reduction or damages, depending on the case.
- Arbitration or a lawyerUse a Kfz-Schiedsstelle (vehicle arbitration board) or legal advice.
Deadlines
- 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).
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