Buying a used car can quickly turn out to be a nightmare, which is why you should pay attention when private purchase on the car warranty pay attention. This is the only way to ensure that the advertised vehicle does not turn out to be a car ready for the scrap heap. Protect yourself properly from hidden defects in a private car sale. When can I cancel a car purchase??
Often one reads in the sales contract the phrase "as inspected and test driven under exclusion of any warranty".
- But when can I return my car what is the legal warranty in austria??
- does the buyer still have claims if there are hidden defects in a private car purchase?
- What is the difference between a car warranty and a car guarantee??
- Is there an insurance or warranty on used cars in austria?
- What is the scope of the car warranty??
Table of contents
- In principle, there is a two-year warranty when buying a used car from a dealer.
- The warranty can be limited to one year by the dealer.
- the private seller can exclude the warranty.
- All warranty agreements should be included in the purchase contract when selling a car privately. likewise promises and other agreements.
- The legal situation for the warranty of a car in Germany is basically the same as in Austria. There are only marginal differences.
- In the case of a private purchase of a used car, the contract can only be rescinded in the case of fraudulent misrepresentation.
What is a defect when buying a car??
What is considered a defect depends on what has been agreed with the seller or the. The dealer has agreed exactly. The basis for this is not only the contract, but also promises made in advertising and information brochures. If, for example, dealers and brochures advertise low gasoline consumption, but in reality the car consumes huge amounts of gasoline, then this is a defect.
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What is the difference between a car warranty and a car guarantee??
When buying a car, we talk about warranty and guarantee. What is the difference? The warranty is a voluntary, contractual agreement between the seller and the buyer.
Defects that occur within the warranty period and are covered by the contract will be repaired free of charge. The warranty is mostly used as a promotional tool for the manufacturer; he determines the duration and conditions of the free repair. At the same time, the warranty is also subject to conditions such as regular inspections. A distinction is made between the manufacturer’s warranty (the most common) and the dealer’s warranty.
The warranty, on the other hand, is required by law, so that the dealer is liable for defects that were present at the time of acceptance at the latest. In the case of a used vehicle, this ultimately concerns only material defects, in the case of a new car, all defects of materials and parts that fall under the natural wear and tear. The warranty period is normally 2 years and starts from the date of delivery.
The obligation of warranty is not only subject to car dealers, but also to other entrepreneurs who sell a car from their business assets (e.g., a car dealer).B. freelancers, cab companies, driving schools, parking cars).
Warranty for a car at private sale
However, in the case of a private sale of a car, the dealer can reduce the warranty to one year. However, this must be mutually agreed with the buyer and noted in writing in the contract. The warranty may not be completely excluded in the case of a dealer purchase.
Within the the first 6 months must be proven by the seller, that the the defect was not present at the time of delivery. However, the situation is different with the warranty in the case of a private sale of a car, because here the warranty can be completely excluded. However, this must be explicitly formulated in the contract.
This could look like this:
- Buyer and seller agree to exclude any warranty claims.
- As inspected and test driven to the exclusion of any warranty.
Legal consequences of the warranty in the case of a private purchase and a dealer purchase
If you buy your used car from a dealer, you generally run a lower risk because you can make warranty claims. If you discover a defect afterwards, you can demand a repair from the seller. Within the first 6 months, however, the dealer has the opportunity to prove that the damage did not exist at the time of delivery.
If this is the case, he does not have to pay for the damage. Otherwise, in the case of a defect, he has the right to offer a repair first. If there is an irreparable defect or if the repair is unreasonable (e.g. after more than 2 unsuccessful attempts), the seller can also demand a conversion.
Unlike a private sale of a car, the warranty cannot be excluded by the dealer. According to the new warranty law of the EU directives, the dealer is liable for 2 years.
However, the austrian legislator has allowed special conditions for the used car market: usually the liability is limited by contract to one year. For normal wear parts (e.g.B. brake pads), the dealer is also not liable.
Who has the burden of proof in the event of a defect??
In the case of a warranty for the purchase of a car, the seller must pay for defects that were already present at the time of delivery. If the buyer discovers a defect within the first six months after delivery, the seller must first prove that the defect did not exist at the time of delivery.
If he can not prove this, he must pay for the damage. Afterwards, the probative force lies with the buyer, d.H. He has to prove after 6 months that the damage was already present at the time of takeover.
Scope of the vehicle warranty – how to protect yourself!
Make sure you have a warranty for the private sale of a car to save trouble and money. Before you buy the car, test drive it and let a professional take a look at it. You can also carry out a purchase test.
These tests are offered by automobile clubs such as the ADAC. always draw up a written contract with all collateral agreements and promises to have evidence. also list all existing vehicle inspection reports in the contract.
Attention in contracts between private individuals
of a private seller on commission. In this case it is a private sale of the car and the warranty may be excluded. If a contract is concluded between private persons, the warranty is usually excluded.
Often there is the phrase "as viewed and test driven under exclusion of any warranty" in the contract. Therefore, check who appears in the contract as the seller and what agreements are made regarding the warranty on the private sale of the car.
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Private sale of a car – put the warranty in writing!
even if you decide to buy a car through private sale, you should put all the agreements on warranty and side agreements in writing in the purchase contract. phrases such as "as inspected and test driven excluding any warranty", "inspected and test driven" and "the buyer has inspected and acknowledged the condition of the vehicle" constitute an exclusion of warranty.
To avoid problems when buying a used car, we advise you to contact a warranty lawyer. A short consultation you already get at an affordable price. Otherwise you can take the following steps: