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Legal provision: Liability for material defects in used cars

Regardless of whether you buy a used car from a private person or from a dealer - there is a statutory liability for material defects. Sellers must be liable for material defects that already existed on the car at the time of purchase. Depending on the case, you can claim supplementary performance, a replacement delivery, a reduction in the purchase price or a withdrawal from the purchase contract. Read on for more details on liability for material defects, common signs of wear and tear on the car and the difference between material defects and wear and tear.

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Liability for material defects

What does liability for material defects mean in cars?

As a private individual, you enjoy special rights when buying a used car: because the car salesman is liable for ensuring that the car has no defects. In such a case, one speaks of a so-called liability for material defects.

All cheap used cars

According to current regulations, a seller must guarantee that the vehicle sold is free of material defects at the time of deliveryNormal or expected signs of use must be expected and accepted by a person interested in the purchase. However, if the signs of use exceed the healthy level of custom, they are unusual signs of use that a seller must point out.

material defect exists if the car does not have the agreed quality or if there was already a defect at the time of sale that was not clearly named as such. If a defect occurs within 12 months from the time of purchase, it is assumed that the damage already existed at the time of delivery. Depending on the incident, however, the interpretations are different and the difference between material defect and signs of wear and tear cannot be clearly described.

Therefore, it is advisable to commission an independent appraisal of the vehicle in specific individual cases.

What are material defects in the car? 3 Examples

A material defect is a defect or other defect in the vehicle that results in a reduction in value or does not have what was described in the purchase contract. The defect must have already existed when the car was handed over, but was only noticed later. The following examples can be material defects:

  • The car is an accident car, but was sold as new
  • Instead of the ordered automatic air conditioning, only a normal air conditioning system is installed
  • Gearbox or engine damage (although this can be difficult to prove, a court ruling is often required)

 

Liability for material defects Wear and tear

Wear and tear or material defect – that's the difference

Is it a material defect or has your new used car become the victim of a typical sign of wear and tear? If the brakes, chassis, cylinder head gasket or wheel bearings have defects, it should be clarified whether sellers are partly to blame for such money-intensive issues.

In general, it can be said that a car with a material defect does not meet the standards that normally apply to vehicles of a similar type and quality. In the event of a material defect, buyers can assert their rights under material defect liability in accordance with the statutory provisions, including repairreplacement deliverywithdrawal from the contract or reduction of the purchase price.

In contrast, wear refers to the gradual wear and tear of certain materials or components due to normal use over time. As you probably know, signs of wear and tear are not uncommon in cars. Therefore, these are not considered material defects. This means, for example, normal wear and tear on the brake padstyres or clutch.

The cost of repairing or replacing parts due to normal wear and tear is not covered by sellers and is the responsibility of the respective vehicle owners.

Used Car Warranty

Difference between used car warranty and liability for material defects

Material defect liability is a legal warranty and thus a legally anchored protection for buyers, which ensures that a purchased product, in our case a used car, is free of material defects at the time of saleLiability is automatic and cannot be excluded or limited by the seller, except in the case of a private sale.

used car warranty, on the other hand, is an additional service that is usually offered by commercial car dealers to ensure additional repairs or services for a certain period of time beyond the statutory liability for material defects. Such a warranty may cover certain parts or certain types of repairs. The situation is similar with a new car warranty, which, however, is required by law.

In contrast to the liability for material defects or the new car warranty, a used car warranty is not required by law and is usually optional.

 

Liability for material defects private

Liability for material defects in private purchases

The liability for a private purchase is different from that for the dealer. Normally, a private individual is not liable for material defects in the vehicle. However, if a defect is fraudulently concealed or a warranty commitment is made, then a private seller must also assume liability - but the burden of proof here lies with the buyer.

Whether there is liability for material defects due to warranty commitments in an individual case must be considered on a case-by-case basis: It is unclear whether vehicle characteristics specified in the purchase contract are to be classified as warranty commitments or as non-binding advertisements.

Exclusion of liability for material defects in private purchases

While car dealers are legally obliged to take responsibility for material defects, this does not apply to private sellers. An exclusion of liability is possible in the case of a private sale by stating the clause "under exclusion of liability for material defects" in the purchase contract.

Richtige Formulierung zum Ausschluss der Sachmängelhaftung

Um die Sachmängelhaftung auszuschließen, gibt es verschiedene Formulierungen, z.B:

  • Der Verkauf des Fahrzeugs erfolgt unter Ausschluss jeglicher Sachmängelhaftung.
  • Der Verkauf erfolgt unter Ausschluss der Gewährleistung.
  • Ich schließe jegliche Haftung für Sachmängel aus.
  • Das Fahrzeug wird unter Ausschluss der Sachmängelhaftung verkauft.

 

Liability for Material Defects Dealers

Liability for material defects at the dealer

Within the contractually stipulated period of time – usually two years or one year from the date of purchase – dealers are liable for material defects in the vehicle sold. A stock vehicle that is sold as an immediately available new car must also meet the criteria of a new car. If a material defect occurs within the period, the buyer is entitled to compensation - whether in the form of a defect-free replacement vehicle or a remedy for the existing defects.

To remedy defects, sellers receive two attempts at rectification. Here, too, however, you must be able to trace the existence of the material defect back to the condition at the time of purchase and prove that the liability for material defects applies.

However, if the seller refuses to provide supplementary performance, fails twice as a result or cannot reasonably be expected to rectify the defect, you can assert your claim for a reduction in the purchase price or withdrawal from the purchase contract. Since a withdrawal is difficult to realize in practice - the car must have really serious defects - it usually comes down to you being reimbursed a certain proportion of the purchase amount by the dealer.

But even if a withdrawal is possible, you rarely get the entire purchase price back. Appraisers estimate the loss of value the car has already suffered while it was in use with you. The remaining amount will then be paid to you.

If you buy from a dealer, then used car financing is also an option.

Can the car dealer exclude liability for material defects?

No, a car dealer, as a commercial seller, cannot exclude warranty or liability for material defects. If he does it anyway, the exclusion is invalid.

To be on the safe side when buying a used car, you should put together a checklist and work through it point by point.

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