Withdrawal from the sales contract after buying a car

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If the buyer and seller agree on a car purchase, a sales contract is concluded. However, if there are defects in the car after the purchase, the buyer can make use of his statutory right of withdrawal.

Under certain conditions, the buyer of a car can withdraw from the sales contract.
Under certain conditions, the buyer of a car can withdraw from the sales contract.

Private car purchase - what you need to know about the right of withdrawal

  • Usually the seller closes with a private one Car sales the right of withdrawal in the contract. From a legal perspective, he also has a right to do so.
  • When you buy a car privately, it usually means "bought as is". So you checked the car and gave it a test drive. If you suddenly no longer want to drive the car after buying it, for example because you don't like it, you generally have no right to withdraw.
  • Such a claim can only be considered, for example, if the seller has withheld certain features of the car from you or has fraudulently deceived you. However, you have to be able to prove it. It is therefore best to take a witness with you when you buy a car.
  • If, for example, the seller assures you that the car is accident-free, you can retrospectively withdraw from the sales contract if it turns out that the car has been damaged in an accident.
  • You can also make use of the right of withdrawal if the car has a defect that the seller fraudulently conceals from you during the inspection.
  • Withdraw from buying a car - this is how it works

    Who doesn't know that - you've just bought a new car and the seller ...

Purchase contract - this is how you declare your withdrawal

  1. If you discover a defect after buying the car that the seller has not told you about, inform them immediately. Before you can exercise your right to withdraw from the contract, the seller has the option of correcting the defect or providing you with an equivalent replacement.
  2. If the seller refuses or if a repair or If a replacement is not possible, you can either reduce the purchase price or withdraw from the purchase contract.
  3. Please note, however, that you cannot withdraw from the purchase contract due to minor defects such as small scratches or dents. However, these deficiencies must not affect the vehicle's ability to drive.
  4. You can only withdraw from the purchase contract if there are significant defects. It does not matter whether the seller did not know the defect or was to blame.
  5. If you withdraw from the sales contract, the seller must reimburse you for the full purchase price and also reimburse you for the things you bought in relation to the car (ex. B. new tires).

Tip: If you want to be absolutely sure, you can check certain properties in the Purchase contract get confirmed. However, because very few private sellers agree with this, you should refrain from buying a private car if in doubt.

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