The car sales contract: what it must contain, what you must pay attention to
In the case of a private sale of a used vehicle, a vehicle sales contract is indispensable. This contract shows who is the seller, who is the buyer and which car is the subject of the sale. If there is no purchase contract, the car is gone, but there is no trace of the money, then there are problems that nobody wants to have. Therefore, we have compiled for you what must be included in a car sales contract. This way both you and the contracting party are on the safe side.
This must be in it
First of all: the contract of sale of the vehicle must be in two copies. One for the seller and one for the buyer. In addition, the buyer must be of legal age for the contract to be valid.
Data of the contracting parties:
Complete contact details and ID number of buyer and seller. In the ideal case even copies of the identity cards. In case the seller is not the owner of the vehicle, a power of attorney from the owner is required.
Data about the vehicle:
- Brand
- Model
- Engine power
- First registration
- Chassis and if necessary. Engine number
- Vehicle registration number. (certificate of approval part II)
- Official license plate
- Next main inspection
- Purchase price
The buyer should compare the information in the contract with that in the vehicle registration document.
Warranty:
In the case of a private sale, no warranty must be given. However, this must be stipulated in the contract by the seller. He can, however, give assurances: for example, that the vehicle is accident-free, that the original engine has been installed, or that the mileage stated is correct. It should also be recorded how many previous owners the vehicle has had, what additional equipment there is and whether it is an imported vehicle.
Buyer’s Statement:
To be on the safe side, hand over the car deregistered. For the buyer it is then irrelevant when the buyer registers it again. Important: the buyer must be informed in advance so that he can get red license plates or a trailer. If the car is sold registered, the buyer should undertake to re-register the car within a period agreed in advance. If a fixed date is not agreed upon and the buyer does not re-register the vehicle, parking tickets, etc. will be issued. Namely in the mailbox of the seller. A signed notification to the vehicle insurance company and the registration office is helpful. These allow the new owner to easily re-register the vehicle.
Car documents and cash payment:
Documents such as vehicle registration certificate, both registration certificates or a decommissioning certificate and examination reports (e.g.B. TuV, DEKRA, ADAC, …) are enclosed. also the number of keys of the car must be specified. Payment agreements record the purchase amount and whether the seller has already received it. Sellers should hand over the car and keys only after receiving the full amount, preferably in cash.
Handover confirmation:
The contract is sealed by both parties by signing there after the exchange of money and keys.
Special rules, warranty and rights of withdrawal
Even with the best car sales contract, problems can still arise after the deal is done. According to the law, a contract of sale is subject to a warranty of two years. In the case of a used car sale, the warranty period is reduced to one year. As a private seller, you should exclude liability for material defects. This avoids having to pay for any repairs at a later date. In order for the exclusion of liability for material defects to apply, the following clause must be included in the car sales contract: "the exclusion does not apply to claims for damages arising from gross negligence or. willful violation of the seller’s duties and for any injury to life, limb and health."
Attempts to deceive
Attempts to deceive are a frequent occurrence in the sale of used cars. Among the most common are: false statements about the vehicle accident vehicle sold as an accident-free vehicle violation of various disclosure obligations always check very carefully whether all the information about the vehicle is also correct. If it becomes apparent afterwards that you have been deceived, you can contest the purchase contract.
How to challenge a car sales contract
The buyer must inform the contracting party that he wishes to declare the contract null and void. Best in writing and by registered mail, so the seller can’t claim later that he knew nothing about it. If the seller does not comply, it is advisable to contact a lawyer. If the seller still does not comply, the buyer can file a lawsuit. However, this must be done within one year after the complaint to the seller or. In the first ten years after purchase. However, the car purchase does not have to be cancelled in every case. The buyer can also set a deadline for the other party to remedy the defect – if possible. The seller must be given a period of time to rectify the situation. Should he not be able or willing to comply with this, the seller can trigger the so-called obligation to return the goods. This cancels the contract of sale, the car is returned to the seller, and the buyer gets his money back in full.
A summary of everything important about the purchase contract
A car should always be sold with a contract. Who sells his car without a sales contract takes a big risk.