Ripped off when buying a second-hand car?
–What defrauded buyers can do–
When buying a second-hand vehicle, many buyers experience a rude awakening afterwards. The vehicle that was highly praised by the seller turns out - contrary to expectations - to be a ‘clunker’. This mainly affects technically inexperienced buyers who did not have a ‘car expert’ with them when they bought the vehicle and only trusted the honesty of the seller.
Seller private individual or retailer?
When purchasing a used vehicle, a distinction must first be made as to whether the seller is a retailer (entrepreneur) or a private individual.
Retailer (entrepreneur) as sellerÂ
When purchasing a used vehicle from a car retailer (entrepreneur), the warranty rights under sales law (§§ 437 ff. BGB) apply without restriction if the buyer is a consumer. In this case, the statutory warranty rights cannot be effectively excluded by a seller.
Attention!
This does not apply if the buyer is also an entrepreneur (commercial purchase). In these cases, it is possible to exclude the warranty rights between the parties (entrepreneurs).
If a consumer purchases a used vehicle from a dealer, the presumption effect of Section 477 BGB applies. If a defect occurs in the disputed vehicle within one year, it is presumed in favour of the buyer that the disputed defect was already present when the vehicle was handed over. In these cases, the legal situation is much more ‘comfortable’ for the buyer.
Private individual as sellerÂ
If the seller is a private individual (consumer), the contractual warranty rights can be excluded without further ado.
In many cases, agreements contain phrases such as ‘bought as seen’. Model purchase contracts for second-hand buyers contain a standard clause according to which the statutory warranty rights are excluded.
Options outside of warranty law
Regardless of whether the statutory warranty law applies in a specific individual case or not, the right of a buyer to contest an agreement on the grounds of fraudulent misrepresentation cannot be excluded at any time. Read here how you can recognise and expose dubious contractual partners.
The purpose of this article is precisely to show the extent to which valuable evidence can be collected in order to increase the chances of success of an action based on fraudulent misrepresentation.
Contact the previous vehicle owner
The previous vehicle owner can be easily identified by inspecting the vehicle registration document.
Using the data of the previous vehicle owner, an attempt can be made to establish contact with them.
Basit bir mektup, sosyal medya veya internet aracılığıyla iletişim kurulabilir.
If contact can be made with the previous vehicle owner, the following may be found out in this way:
- which defects the seller was aware of when he purchased the vehicle;
- the mileage of the vehicle at the time of purchase by the seller; and/or
- whether the seller has concealed the fact that it is an ‘accident vehicle’.
Obtaining such information can significantly increase the chances of success of a claim based on fraudulent misrepresentation in favour of the deceived buyer.
ConclusionÂ
Our practical tip shows that used car buyers who have been cheated by a seller should not bury their heads in the sand too quickly. If you also have legal questions about hire cars and their liability, read our guide to liability in the event of damage to a Sixt hire car.
With a bit of luck, aggrieved buyers may be able to get the used car purchase contract reversed sooner or later.
Sofern auch Sie bei Ihrem Gebrauchtwagenkauf betrogen worden sind und sich rechtlich beraten und ggf. vertreten lassen möchten, so können Sie uns jederzeit über unser Contact Form eine Nachricht zukommen lassen. Alternativ können Sie uns eine E-Mail schreiben oder unsere Kanzlei anrufen. Unser Sekretariat wird Ihren Anruf innerhalb unserer Öffnungszeiten entgegennehmen. Sie erhalten in der Regel innerhalb von 24 Stunden eine Rückmeldung von uns.
Tolga Topuz
Lawyer
Topuz Law – Law firm from Düsseldorf –
