Who is the contractual partner?
If the dealer appears in the contract only as an agent and the private previous owner is named as the seller, the guarantee (legal “responsibility” for originally existing defects) can be excluded. Particular caution is required here!
If you have decided to buy a used vehicle from a private person in traverse city, a written sales contract should also be drawn up. It offers both ARBÖ ( sample contract ARBÖ ) and ÖAMTC ( sample contract ÖAMTC ) a sample contract.
Difference between warranty and guarantee
What does warranty mean?
Warranty is the legal “obligation” of the retailer for defects that were already present or created at the time the goods were taken over.
If a defect occurs in the first 6 months, the legislature assumes that the defect was originally there. Here the retailer has the burden of proof to prove that the goods were in order from the start. However, due to the typical nature of the damage (breakage of a component after 10,000 km of driving), this burden of proof can no longer apply.
After 6 months it is up to the buyer (consumer) to prove that there is a defect that originally existed.
The period of action is 2 years for cars and can be limited to 1 year for used cars in traverse city that are not younger than one year, provided this has been negotiated. In practice, the 6-month rule on the burden of proof is therefore decisive.
A contractual exclusion of warranty by the retailer vis-à-vis consumers is not effective.
What services are to be provided under the warranty?
The dealer has to establish the contractually owed condition (condition class!) Free of charge. First and foremost, this has to be done through the necessary repair.
There is no immediate right to cancel the contract if the repair is possible. This can also be done with used parts. A “reasonable period” must be allowed for the rectification of defects. Unless otherwise stated in the terms and conditions, a 14-day period can be assumed (from a verifiable deadline!).
What is a guarantee?
“Guarantee” is the voluntary, contractual promise of the guarantor to guarantee certain defects during the guarantee period. The scope and duration of the guarantee depends on the respective guarantee declaration and can therefore be freely selected by the guarantor. In the case of cars, there is practically always a manufacturer’s guarantee, which, however, varies from manufacturer to manufacturer and also between the models. As a rule, the manufacturer’s guarantee is also made dependent on compliance with the service intervals. A commitment to the respective branded workshops is no longer permissible due to relevant EU requirements.
In the traverse city used car trade, there is an increasing number of guarantee insurances that can either be purchased additionally or automatically sold at the same time.
With the usual guarantee insurances or dealer guarantees it is listed exactly which components are covered by the guarantee and which are not. The guarantee period can be found in the respective guarantee declaration (certificate). Usually, a certain percentage of the repair costs is covered depending on the age and mileage of the vehicle. The older a car is or the more kilometers have already been driven, the less the guarantor pays for the repair invoice.
If an old car is returned when a new vehicle is purchased, it is absolutely advisable to exclude the warranty for this old vehicle. Otherwise, there would be a warranty obligation towards the dealer.
Cash payment is usually the cheapest. Firstly, there are no financing costs and, secondly, when you pay in cash, you often receive high discounts.
When you pay the full purchase price, you immediately become the owner of the vehicle. Only in a few cases should you forego cash purchases. For example, if the liquidation of your credit is associated with high costs or the income from your invested funds is higher than the current loan interest.
Leasing basically represents the transfer of use of an object for a fee, comparable to renting an apartment. With leasing, the focus is on the use of the property and not the acquisition of property.
Leasing offers often attract low rates. The comparatively lower monthly charge results from the fact that, in contrast to loan financing, leasing does not usually finance the full purchase price, but rather a residual value is agreed.