Should I state the defects in the purchase contract?
Should defects be explicitly stated in the purchase agreement? Can I simply state that the defects were discussed?
What if it later turns out that the car has more defects than just those listed in the purchase agreement? And what about minor defects (rust spots, scratches, etc.)? Should I list everything or just the most significant ones?
[Of course, I told the buyer everything I know; it's just about the legal protection in the purchase contract.]
(Private sale)
(1 votes)
Loading...
As a seller, you should describe all defects in detail and, of course, define them in the purchase agreement. All that is spoken or was not worth it if it is not held in the contract.
If accident damages from the past are available, these are best demonstrated by pictures before the repair of an accident damage, if this is not then the sccahadene is best possible and as far as possible to define the spare parts documents in kopyform, which is to be booked under Hoistorie. comes to the card as old and which price class ..
In the case of vehicles up to five years, this is considerably more important than if the box has ten years or more at the clock: it should be powered independently of the age in any case to secure you.
In the case of cheap vehicles up to 1000 Euronen, I always write the vehicle as a craft vehicle with various deficiencies, see attached listing and ev image material so that I can prove that I have not pulled over the table.
Even if it is legally difficult to make you liable for private sales, there is the one or the other judge who sees it differently and who can possibly conceive the costs of div repairs.
Be as honest as it is possible to write everything you like and let it be signed by the buyer. Watch these contracts because I had already after 4-5 years later legal requests what was with the vehicle and how it was sold.
If the buyer then complains of a defect, you would have to prove to have specified it.
So write everything up. Not every scratch individually, but something like various visible paint damage.
It is also important: the vehicle was visited and rehearsed and Ward sold by private, excluding any warranty or warranty.
Get a purchase contract from ADAC or from mobile.de, there are important things in it.
Scratches and rust points are not defects in this sense. The buyer can recognize them well. In principle, I would introduce shortcomings that have been discussed, including in particular in the Treaty. Further deficiencies can always occur and are only a problem if essential deficiencies have been clearly concealed. you don’t know anything about, don’t count.
Of course, you will notice known defects in writing in the purchase agreement, since the buyer can no longer arrive after that and you would have clearly concealed defects.
indefinitely state,e.g. even if accidental vehicle-sonst, the purchase contract is invalid u.verplchtet you for rewinding u.schadenserastz.
I’d call everything in the contract. Then you have written that the seller knew it and save you trouble afterwards.
And then the buyer comes with a lack of XYZ and says that it was secreted by the seller (who was not included in the purchase agreement).
What is not known to the seller must also not be mentioned.
Really? It’s logical. The Buyer can nevertheless assume that the Seller fails to fail any further defects even though the Seller is not aware of any further defects.
Really? ^^
On the safe side you are when you write:
Known deficiencies: and they demonstrate in detail.
There is absolutely nothing to do with these shortcomings. In the event of further defects, the buyer would have to prove that they were known to you and you have carefully concealed them.
Otherwise, of course, you exclude the warranty and write “purchased as seen”.
Please note that “purchased as seen” is not a warranty exclusion.
Both should be in it.
It refers at least only to such deficiencies which are recognizable for a lay person in the case of superficial examination.
I would mention the following: warranty, warranty and return are excluded – all known defects have been notified to the buyer
A guarantee can be forgiven but not excluded. This is not required by law. Return/revocation is only given by B2C. Keep the warranty he should exclude.
You should write the deficiencies you know in the purchase agreement. This will save much trouble later. See also many other questions on this subject at GF.