Obligations of car dealers for used cars

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Used car dealers are profiteers. You have nothing to give away. When buying a used car from a car dealer, you should understand their responsibilities. Only then will you buy with the least risk.

When you get a used cars you should take a close look at it. While it is a car dealer's duty to keep you informed, you should expect not to be informed and cleared up about everything.

Car dealers are not allowed to agree to a disclaimer

  • A commercial car dealer is generally liable for defects in the vehicle for two years. The car dealer can assume this liability by means of an agreement in Purchase contract reduce to one year. Only private sellers can completely exclude the guarantee.
  • If a defect occurs within the first six months after the vehicle was handed over, the seller must prove that he sold you the car without any defects. However, after six months you have to prove the deficiency.

A used car is subject to wear and tear

  • The car dealer is not liable if the defects are specified in the sales contract or if a component is subject to wear and tear due to driving. It is not a car dealer's responsibility to advise you of natural signs of wear and tear.
  • The car dealer is only liable for the contractual quality of the used car. By listing certain defects in the sales contract, he limits his liability.
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  • Does the car dealer take care of the used vehicle (year of manufacture, date of first registration, mileage, as good as new, TÜV-Acceptance, workshop-checked, accident-free, first owner vehicle) or certain components under the guarantee, he is liable in any case, regardless of whether he has agreed a liability exclusion or whether he is at fault meets. It may be sufficient if he provides this information in a newspaper advertisement or on the sales sign.

The duties of clarification have limits

  • It is also not one of the duties of the car dealer to inform you of all known defects in the vehicle. He only has to explain these deficiencies if you ask. An exception applies to accidental damage and particularly serious defects that are not age-typical. He also has to indicate if he has not examined the car for accident damage.
  • The car dealer is only responsible for a general inspection obligation in the form of a visual inspection. Is there any tangible evidence of damage (loss of oil, rust spots on load-bearing parts)? The car dealer will conduct further investigations and you will suspect any damage Clues. Otherwise he is acting fraudulently.

You have these rights

  • If the used car is defective, you can initially only request a rework, i.e. repair. You can only reduce the purchase price if two attempts at rework are unsuccessful or the car dealer refuses to repair the defect. If in doubt, an expert must determine the amount of the reduction.
  • In the event of serious defects, you can withdraw from the purchase contract.

In this respect, buying a used car is always a matter of trust. Buy Only where you have confidence and can assess what is on offer.

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