Haftung gez. Regelungen KFZ Verkauf?
Wenn ein Privatverkauf von einem PKW stattfindet (Bastlerfahrzeug mit Ausschluss der Gewährleistung) und er wird mit roten Schildern überführt, ist aber zu dem Zeitpunkt noch nicht abgemeldet, bleibt dann auf der Autobahn stehen.
Wer muss dann den Abschleppdienst rufen und bezahlen ?
Hatten solch einen Fall und haben selbst den Abschleppdienst rufen sollen und dies auch getan.
Aber war das Fahrzeug zu dem Zeitpunkt nicht über die roten Schilder versichert ?
Lag das überhaupt in unserer Pflicht ?
Es kam sogar vor dem Kauf und Fahrtantritt zu einem Benzinverlust und die Batterie war nur noch eingeschränkt funktionsfähig. Alle Mängel wurden kommuniziert und waren bekannt, außer der Benzinverlust dieser ist den Käufern erst bei Fahrtantritt beim Tanken ausgefallen.
Hat der Käufer da nicht auch etwas fahrlässig gehandelt.
Nun tritt der Käufer auch noch vom Kaufvertrag zurück und wie müssen das Auto beim Abschleppdienst auslösen.
Müssen dafür jetzt mit der Versicherung die Modalitäten klären.
Es ist ein komplizierter Sachverhalt daher bitte ich um einen entsprechenden Rat und die Antwort muss fundiert untermauert sein. Danke schonmal im voraus.
(1 votes)
Loading...
KFZ liability insurance generally does not cover any (!) towing costs. As a rule, a so-called protection letter is required, which can be added to the insurance policy. What I strongly doubt about a KFZ insurance with just red license plate.
The towing costs after a breakdown must therefore be borne by the vehicle owner himself – in your case therefore your buyer.
As a result of the exclusion of the warranty in the purchase contract, you should not be liable for damages, and the buyer is not entitled to a purchase contract withdrawal at all. Rather, it is the buyer who has to trigger the car at the towing service and has to refund you the towing costs. The insurance has nothing to do with all this.
Use the ADAC to clear the legal situation. I’m a traffic lawyer, but from Austria. I cannot imagine, however, that the traffic regulations in Germany would be much different from us.
We have a certificate of protection, but as mentioned, the car was not yet unsubscribed/reported and we strictly still held vehicle owners, had also retained the letter etc. for the cancellation. It was agreed that everything was sent to the buyer by mail as after registration. He just took the car with his red shields and it came to the pit and the car was no longer to be reached.
Can this become a fall knit?
Or is it that by the purchase contract actually the buyers with the red shield would have called themselves a towing service and have to come up for it.
At ADAC we have not been a member, otherwise we would have let it go.
And to resign; can the buyer actually strictly not return, have there any concern that there might be trouble?
In my opinion, no falling knit, see § 929 BGB:
https://www.gesetze-im-internet.de/bgb/__929.html#:~:text=B%C3%BCrgerliches%20(BGB),that%20das%20Eigentum%20%C3%BCberungs%20soll.
The transfer of the vehicle letter is therefore not absolutely necessary.
The transfer of the vehicle with red shields is the responsibility of the buyer. Since he was informed of the shortcomings in advance, he should have picked up your car with a tow truck. It doesn’t have to tang you.
To resign the buyer, see this comprehensive and sound article:
https://www.juraforum.de/lexikon/gekaufs-wie-schau
One is the insurance and the other of the purchase contract.
If the car was still registered for you, your insurance and protection letter will also apply. But I don’t understand that you’re supposed to trigger the car if that’s still paying the insurance.
The other is the purchase contract and the risk transfer. This is usually done by handing over the object of purchase. However, the buyer has a right to withdraw, which he now claims. Except you expressly ruled out this in the purchase agreement.
But there is something wrong, because the buyer bought the seller’s insurance.
The buyer cannot transfer with a red license plate, as well as double insure and double license plate is not possible.
If there is a certificate of protection in the insurance, it may be used.
The buyer is to re-enrol if he has been denied letters and vehicle registration and license plates.
The new owner is responsible. The license plates have nothing to do with tows. It is questionable whether such a junk box could be driven at all.
Hello, this case concerns several problems. Without a professional lawyer, no safe judgment is possible. Everything else is coffee substitute reading. With kind regards Dieter PramschÃ1⁄4fer – Interest group of tow and panning service companies e.V.
Perhaps you happen to know how this is with the pick-up and triggering of the panning service, but we have called but how wrongly we would have actually not had to do that since we were no longer holders from the conclusion of the contract. We have called the service, but we are usually not allowed to pick up the car at all (must) but the buyers have put our shields back (although to get out of the affair), so the towing service is currently a car with our shields, but we are no longer holders and were not even at the time of towing. How is it now with the pickup and the bill?
In order to limit this, the vehicle is not handed out without written proof with date and time.
We have a perfect contract there is everything minutiously held, as described on me the corresponding clauses etc.
Then it should be clear who has to pay for such costs.