Für den Käufer zum TÜV..Käufer tritt zurück..kann ich den Aufwand für den TÜV von der Anzahlung abziehen?sozusagen als Aufwandsentschädigung?

Hallo,

ich habe den Wagen beim tüv vorgestellt..leider paar kleine Mängel. Der Wagen hat noch 4 Monate tüv..Käufer tritt nun vom Kauf zurück und möchte auch die komplette 400€ Anzahlung sofort zurück..wie ist hier die Sachlage..es wurde lediglich ein Bestätigung der Anzahlung vorerst geschrieben..

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TheMonkfood
2 years ago

If you can deliver the car as agreed with fresh HU, it must take it. If you can’t, the goods lack a guaranteed property. Then you either have to upgrade quickly or you’ll return the deposit and the deal has died. You don’t get any compensation in the case. For the failed attempt to fulfill your contract? Certainly not.

germanils
2 years ago

You should have concluded a purchase contract directly… If you have agreed to “new TÜV” orally and that is not possible, it could probably even demand that you eliminate the shortcomings at your expense.

So give her the deposit back and see it as a teaching money.

EddiR
2 years ago

Just to say that once… A purchase contract is concluded when 2 corresponding declarations of will are delivered. So you want a car to sell for the price XX. He/she wants to buy this car. This declaration of will is consistent and binding. Even if a deposit has already been made! There is no need for the written form here!

You offered the car with TÜV new. This was part of your declaration of will. And the buyer has accepted this and thus also claim to the new TÜV. A reduction in the price he/she must not accept. However, you must ensure that the car also creates the HU.

Your advantage is that he/she cannot easily withdraw from the contract. Unless you refuse to fulfil your contract terms.

If it remains legally without consequences, you can also redeem the contract. But there are also conflicting fellow human beings who insist on their right and also enforce it!

So if the woman who paid off is to take the car too, you won’t get around a new HU. No matter what you have to invest in it!

PS: A cost compensation is not yours, but if at all, then the buyer!

DerCaveman
2 years ago
Reply to  KentuckyKid85

The police don’t care. There is no criminal offence.

EddiR
2 years ago

Then after that, today… And as already said, the police don’t care about the bean. You should both inform you about contract law!

hotrod66
2 years ago

“Don’t kill her”

She must. She wants the car with new TÜV, as it was contractually agreed and so she gets it. Otherwise, she’s liable to harm you.

Valnar52
2 years ago

No, that’s at your expense.

Gehilfling
2 years ago

The question is, what does the purchase contract say? If the car is sold with fresh TÜV, you have to repair and then the buyer has to pay anyway.

Just as it goes back from the purchase as a buyer does not go, because he is also in the duty of fulfillment and has to buy the car.

Vando
2 years ago
Reply to  KentuckyKid85

she wanted him with new TÜV

There you are.

Edit: Do you intend to make TÜV in any way to eliminate the shortcomings?

DerHans
2 years ago

As long as the transfer of the vehicle has not yet taken place, the TÜV is the case of the current owner. MIT TÜV can also sell the vehicle better.