Free and fast to your own sample purchase contract – for private –

A sales contract is a contract that obligates the seller in particular to provide the buyer with the object of purchase to hand over and transfer ownership of the vehicle and the buyer is obligated to purchase price to pay and to accept the object of purchase (§ 433 BGB)

A written contract of sale is necessary for the effectiveness of the contract of sale (z.B. car, winter tires, bicycle, built-in kitchen, flat screen television, jackrussel terrier) although in principle not required, so that it can then also be concluded orally. For evidentiary purposes, however, it is strongly recommended, to conclude a written purchase contract, especially in case of a higher purchase price or the possible risk of defects or. A liability, because then it is easier to prove in any legal proceedings what rights and obligations the buyer and seller have.

Provided that exceptionally a STRICT FORM as written form is necessary (z.B. Notarization in the case of a contract for the sale of real property, § 311 b para.1 S.1 BGB), the present sample contract would in principle not enough on the conclusion of a valid contract of sale, §§ 125, 311 b abs.1 S.2 BGB.


Item of purchase

Information about the vehicle from the registration certificate part I ("fahrzeugschein"):

Other information about the vehicle:

What is the jurisprudence under the term "accident car"? understands and what are the legal consequences of the corresponding statements will soon be explained by us.

  • A
  • A
  • A

So that is clear, what exactly if the product is to be sold, the object of purchase must be described accordingly.

example: michelin alpin 5 195/65 R 15 91 H G 1 M+S with snowflake symbol

Should be at the sale z.B. A motor vehicle also includes accessories such as winter tires, first-aid kit, portable navigation system, etc. sold, then corresponding information should also be provided about this.


  • Mrs
  • Mr


  • Mrs
  • Mr

Free and fast to your own sample purchase contract - for private -

§ 1 object of purchase

the seller sells to the buyer the above-mentioned object of purchase.

§ 2 defects help_outline

At the time of the conclusion of this purchase contract, the object of purchase has only the following defects:

The seller should also in his own interest already in the advertising of the object of purchase and especially at the conclusion of the purchase contract on all known defects demonstrably (z.B. In § 2 of our muster) point out. Otherwise, he may be subject to civil and criminal law problems.

According to § 442 abs.1 S.1 BGB, the buyer’s rights excluded due to a defect, if at the time of the conclusion of the contract defect knows.

Is the buyer defect due to gross negligence unknown remained, the buyer may exercise rights because of this lack gem. § 442 abs.1 S.2 BGB (German Civil Code), only if the buyer has fraudulently concealed the defect or has given a guarantee for the quality of the item ("guarantee of quality.

In our sample A (content fair for both) and in our sample B (content better for seller) a corresponding warranty is not subsequently given (see § 3).

In our sample C (content better for buyers) can be agreed there – if desired – a corresponding warranty.

Through a limitation of warranty or. A disclaimer of warranty can the buyer’s rights due to a defect (if effectively agreed) be limited or excluded?. Excluded. What must be observed in this regard is explained in the (?) to the warranty (see § 3) explained.

In our sample A (content fair for both) and in our pattern C (content better for buyer) will be a warranty restriction or. An exclusion of warranty hereafter (see § 3) not agreed upon.

In our sample B (content better for sellers), on the other hand, there is a disclaimer of warranty. In this regard, it should be noted that the seller gem. § 444 BGB on it however do not invoke can, insofar as he fraudulently concealed the defect (or would have assumed a guarantee for the quality of the item).

If the seller has fraudulently concealed or otherwise misrepresented a defect at the time of the conclusion of the purchase contract, the buyer may be entitled to claim damages contestation due to fraudulent misrepresentation acc. § 123 abs.1, 1. Old. BGB be entitled. In addition, the seller may be obliged to pay compensation for damages in accordance with §§ 444 BGB. § 823 abs.2 BGB i.V.M. § 263 stgb resp. § 826 BGB.

Finally, the seller may also be liable for fraud (section 263 of the german civil code) or. attempted fraud (§§ 263, 22, 23 stgb) punishable make.

§ 3 no warranty help_outline / no warranty help_outline

The seller and the buyer agree that the buyer is entitled to the statutory warranty rights. However, no guarantee is given. The seller and the buyer agree that the object of purchase is sold to the exclusion of any warranty rights. This does not apply if the seller is responsible for intentional misconduct. A warranty is not assumed. the seller and the buyer agree that the buyer is entitled to the statutory warranty rights. The warranty period is one year longer than provided by law.

the seller warrants to the buyer that

Due to the principle of freedom of contract, the parties to the purchase contract may, in principle, agree individually that the statutory warranty period is extended by one year warranty rights of the buyer

  • Extended (this is called "warranty extension"),
  • Limited (this is called "limitation of warranty") or
  • Excluded (this is called "warranty disclaimer") are.

Also by means of general terms and conditions i.S.D. § 305 abs.1 BGB (general terms and conditions), the statutory warranty rights can be changed – but only within strict legal limits – to the advantage of the seller or the buyer.

Without an effective limitation/exclusion of warranty, the purchaser is entitled to the following rights if the purchased goods were defective

  • At the time of transfer of risk (this is generally the decisive point in time with regard to a material defect i.S.D. § 434 BGB and requires the handover of the sold item or the buyer’s default of acceptance, cf. § 446 S.1, 3 BGB) or.
  • At the time of purchase (this is generally the relevant time with regard to a defect of title i.S.D. § 435 BGB)

In principle, the buyer is entitled to the following warranty rights:

  • supplementary performance, § 437 nr.1 BGB
  • Withdrawal or reduction, § 437 nr.2 BGB
  • Compensation or reimbursement of expenses, § 437 nr.3 BGB

In our sample A (content fair to both) and in our sample C (content better for buyer) is a warranty limitation or. A warranty exclusion not agreed. In our sample C it is agreed in favor of the buyer that the statutory warranty period is extended by 1 year compared to the statutory period provided for in § 438 BGB (i.D.R. only 2 years).

In our sample B (content better for seller) on the other hand an exclusion of warranty is agreed upon. Important notice: this is only effective by individual agreement. By means of AGB this could be not effective agreed. For agbs are subject to the strict effectiveness requirements of §§ 305 ff. BGB. In particular, § 309 nr.7 a) BGB to be observed. According to this, an exclusion/restriction of liability with regard to the contents mentioned there is always invalid with the consequence that the buyer is then entitled to the statutory warranty rights after all (higher regional court of hamm, judgment of 10.02.2005, file number 28 U 147/04). According to this case law, the present exclusion of warranty (if agreed as general terms and conditions) is invalid! the same applies to the frequently encountered agreement "bought as seen" (if agreed as AGB). Apart from lawyers hardly anyone knows this.

If agbs are ineffective in whole or in part, the rest of the purchase contract remains effective, § 306 abs.1, 2. Old. I.V.M. Para.3 BGB. Insofar as agbs are ineffective, the purchase contract is governed in this respect by the corresponding statutory provisions of the BGB, § 306 abs.2 BGB.

It should be noted that the seller is obligated according to. § However, the seller may not invoke the exclusion of warranty against the buyer under section 444 of the German Civil Code (BGB), in particular if he has fraudulently concealed the defect.

It should also be noted that in the event of a sale of consumer goods some legal purchase regulations are modified in favor of the consumer (consumer protection). In particular, an exclusion/limitation of the buyer’s warranty rights (apart from the claim for damages, § 476 abs.3 BGB) prior to notification of the defect to the entrepreneur pursuant to. § 476 abs.1 BGB ineffective. A purchase of consumer goods exists if a consumer (§ 13 BGB) buys a movable item (z.B. Car, winter tires, bicycle, built-in kitchen, flat screen TV, jackrussel terrier, etc., but not z.B. A property) buys (§ 474 abs.1 S.1 BGB). This also applies if the contractor must also provide a service, such as a delivery of goods or services.B. The assembly of the purchased wall shelf (§ 474 abs.1 S.2 BGB). The sale of consumer goods is regulated in §§ 476 ff. BGB.

A warranty is used in everyday life often confused with of the legal warranty. The warranty rights of the buyer are regulated in § 437 BGB.

Independently of the warranty, the seller and/or the manufacturer in particular can additionally assume a warranty for the benefit of the buyer. Since a warranty is a "voluntary additional performance" acts, the guarantor can specify the preconditions (e.g.B. Regular maintenance by the purchaser) for the existence of a warranty case and the rights resulting from it in principle freely determine.

A distinction is made between a "guarantee of quality" (§ 443 abs.1 BGB) and a "durability guarantee" (§ 443 abs.2 BGB). A quality guarantee is an assumption of a warranty that the object of purchase will be free from defects at the time of the transfer of risk (this is the case with the (?) explained to the warranty) has a certain quality. A durability guarantee is a guarantee that the object of purchase will last for a certain period of time (in the case of the purchase of a car, for example).B. Time and / or mileage) will have a certain condition.

In our sample A (content fair to both) and in our sample B (content better for seller) a corresponding guarantee is not given here.

In our sample C (content better for buyer) a corresponding warranty can be agreed here – if desired. Either by corresponding entry before printing the document or by handwritten entry in the printed document before signing the purchase contract. If this is not desired, the corresponding lines should be crossed out by hand to make subsequent manipulation more difficult.

§ 4 purchase price help_outline

The purchase price for the object of purchase is

The purchase price must be money exist. If a thing is to be delivered instead of money, a exchange contract (§ 480 BGB) and no purchase contract before.

The trade-in z.B. of a used car, on the other hand, is usually not an exchange, but a modality within the framework of the contract of sale of the car to be purchased.

The "value added tax"(sales tax) is – unless otherwise agreed – in principle already included in the purchase price (bundesgerichtshof, judgement of 11.05.2001, file number VZR 492/99). The seller can not then demand them in addition to the purchase price.

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Christina Cherry
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