{"id":15459,"date":"2024-09-11T20:42:24","date_gmt":"2024-09-11T18:42:24","guid":{"rendered":"https:\/\/topuz-law.de\/portfolio\/haftet-man-fuer-einem-schaden-mietwagen-copy\/"},"modified":"2025-06-23T19:41:08","modified_gmt":"2025-06-23T17:41:08","slug":"abgezockt-beim-gebrauchtwagenkauf","status":"publish","type":"post","link":"https:\/\/topuz-law.de\/en_gb\/portfolio\/abgezockt-beim-gebrauchtwagenkauf\/","title":{"rendered":"Ripped off when buying a used car? -What cheated buyers can do-"},"content":{"rendered":"
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Ripped off when buying a second-hand car?
\u2013What defrauded buyers can do\u2013<\/h1>\n\n\n\n
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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 \u2018clunker\u2019. This mainly affects technically inexperienced buyers who did not have a \u2018car expert\u2019 with them when they bought the vehicle and only trusted the honesty of the seller.<\/p>\n\n\n\n

Seller private individual or retailer?<\/strong><\/h2>\n\n\n\n

When purchasing a used vehicle, a distinction must first be made as to whether the seller is a retailer (entrepreneur) or a private individual.<\/p>\n\n\n\n

Retailer (entrepreneur) as seller <\/strong><\/h3>\n\n\n\n

When purchasing a used vehicle from a car retailer (entrepreneur), the warranty rights under sales law (\u00a7\u00a7 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.<\/p>\n\n\n\n

Attention!<\/strong><\/p>\n\n\n\n

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).<\/p>\n\n\n\n

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 \u2018comfortable\u2019 for the buyer.<\/p>\n\n\n\n

Private individual as seller <\/strong><\/h3>\n\n\n\n

If the seller is a private individual (consumer), the contractual warranty rights can be excluded without further ado.<\/p>\n\n\n\n

In many cases, agreements contain phrases such as \u2018bought as seen\u2019. Model purchase contracts for second-hand buyers contain a standard clause according to which the statutory warranty rights are excluded.<\/p>\n\n\n\n

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