Ist ein Privatkauf ungültig, wenn es nicht kommuniziert wird?
Ich bin vor 3 Wochen zu einem Autohändler gefahren, um mir ein Auto zu kaufen. Als ich da war, sprach mich ein Mann an und verkaufte mir ein Auto. Jetzt hat das Auto ein Loch im Motor (Motorschaden). Als ich zum Händler gegangen bin, um die Gewährleistung einzufordern, sagt man mir, dass es ein Privatkauf von einem seiner Mitarbeiter war.
Im Vorfeld und im Vertrag wurde nichts von einem privat Kauf besprochen. In der Kopf Zeile des Vertrags steht „Kaufvertrag eins gebrauchtes Kraftfahrzeug (Name des Händler).
Ist der Vertrag noch gültig, obwohl er unter anderen Voraussetzungen abgeschlossen wurde, und wie kann ich dagegen vorgehen?
(2 votes)
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If the contract is somewhere that is not the dealer but his employee of the seller is so that it can be possible, but the contract is there.
I guess somebody wants to trick this.
The tax office should also be interested in this practice;
At least this would be something the BP would like to look at.
Show him that.
And if he doesn’t act immediately, show your lawyer.
The contract is legally effective, as much as before.
Car houses also sell “in customer order”, usually this is a “opt in” option in the purchase agreement of the car dealers.
If the option is crossed, the dealer is only intermediary. Only the question of defects that were known and would deliberately conceal.
If the option is not crossed, the dealer is in the warranty obligation, because as a customer you may expect to purchase a vehicle with legal warranty and quality tested with the dealer. For this, you also pay much more to the dealer than when buying privately.
There is nothing of the same only that there is no guarantee and warranty
the address is from the car house the seller says he also lives there
Will say the sale seems to be a sale by the trader / car house?
In this case, only a shortened warranty obligation is possible. The exclusion of the complete warranty obligation is ineffective.
Guarantee is always a voluntary service that can of course be refused.
Who lives doesn’t matter. It’s important who the seller is. If the car house is the seller, it is in the warranty obligation.
An effective release of the warranty is subject to many high hurdles, both for individuals and especially for trade students.
In order to exclude the warranty obligation, the vehicle should already be declared as a craft vehicle with various defects or as scrap. If a dealer sells you a ready-to-use vehicle that is not “mediated” in the customer order, then he is absolutely in the warranty obligation.
According to the new law (gitl for purchase contracts starting from 01.01.2022), even the shortening of the warranty obligation requires a separate clarification, including explicit signature by the buyer, that he was informed about the shortened guarantee and also accepts it.
Your salesman is running straight into a warning if he wants to prevent you from having legal warranty.
see also:
https://www.it-recht-kanzlei.de/neues-kaufrecht-verkuerzung-gewaehrkraft-bei-bedarf.html
it is clear who the seller is, the employee is paid for his work.
in such stupid excuses – you take a lawyer and ask for the correction.
that is a legally valid purchase contract. Hole in the engine can be damn expensive, there must be a new engine installed.
Nice attempt to press before warranty.
The tax office should also be interested in this practice.
Ask him if he wants to carry your attorney’s fees, or if he wants to fix the engine.
I can’t explain how you want to do the bridge of tax declaration here.
We’re just pretending that the trader correctly booked his income. The one has nothing to do with the other.
Possibly that the dealer chooses this way unjustified to fill the bags, but these are uncovered eggs first. Of course, the dealer may also convey vehicles “in customer order” without commission and hope to be able to carry out the repairs in his workshop. Otherwise, the trader may have purchase contracts for the purchase, as well as for the sale and that the FA may be equivalent to a possible tax check… at least if there are suspicions in the direction.
The FS is supposed to buy the vehicle from an employee. This means that the turnover for the tax office would not be comprehensible. This is clearly a tax offence and by no means brought about by the hair.
This is inconceivable. Where are you supposed to know that the dealer’s seller sells privately?
Write strongly that the case goes to a lawyer if they continue to refuse to take the warranty.
The prerequisite is, of course, that the purchase contract does not stand anywhere, “purchasing in the customer order” or anything else.