Used purchase: right after purchase

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Used purchase: right after purchase
Bilski

counselor

Used purchase

Used purchase: right after purchase

Used purchase: right after purchase
Used purchase: right after purchase

Despite the most careful inspection, it can happen again and again that the buyer makes a mistake”. Be it that after the purchase it turns out that the motorcycle has probably a lot more kilometers under its belt than the seller claimed.

02/25/2003

Despite the most careful inspection, it can happen again and again that the buyer “attacks”. Be it that after the purchase it turns out that the motorcycle has probably a lot more kilometers under its belt than the seller claimed. Or that the bike is not quite as accident-free as the owner honestly assured when signing the contract.

But it is precisely in these two cases that the smeared buyer has a good chance of getting his right. The wording can be found in almost all sample sales contracts “bought as seen and test driven excluding any warranty”. After all, the seller is not in the machine and should not be liable for every hidden defect – which he would otherwise have to do for six months. But the indication of an incorrect mileage or the concealment of an accident fall under the heading “Deceit”. And here the courts are strict, the exclusion of warranty in the sales contract becomes invalid in the event of such an offense – the legal claims of the buyer here only become statute-barred after 30 years.

According to the rules of the German Civil Code (BGB), the fraudulently treated buyer can now reverse the purchase (“walk”) or reclaim at least part of the purchase price (“reduce”). The main difficulty will always be: How do you prove to the seller that he actually acted fraudulently, i.e. knew (by the way, guessing also counts here) that the motorcycle has a significantly higher mileage or an accident damage? In the event of accident damage, this can work – researched on your own – based on insurance documents or police files. When it comes to the mileage, however, you can call the “Pre-previous owner” be quite revealing. Although the courts usually allow slight deviations in the actual mileage from the odometer reading (the tolerance limit increases with the age of the vehicle), most judges’ patience is overstretched at ten percent.

In the event of accidental damage, the seller uses the later excuse “You didn’t ask me about it” Nothing at all, because the seller has to point this out unsolicited at the viewing appointment. And if he has expressly guaranteed freedom from accidents in the sales contract, he is even liable for falls he knew nothing about – from another previous owner, for example. He also has to chat about mistakes that affect road safety, such as broken brakes or serious defects in the engine or transmission. However, he is not obliged to check the motorcycle completely before selling it – surprisingly not even for dealers.

If it turns out that the seller acted fraudulently, the buyer can also demand compensation instead of cancellation or reduction. The lawyers speak here of “small” and “huge” Damages. That has nothing to do with the amount of money, but with the “small damages” the buyer can demand the costs for the rectification of defects – for example for the repair and the incidental costs such as telephone and taxi to the workshop.

At the “great damages” – However, this can only be requested if the defect is really serious – the seller not only has to take back the motorcycle for reimbursement of the purchase price, but also has to bear all ancillary costs (such as registration and license plates). If the buyer had meanwhile bought accessories for his motorcycle that are now useless without a bike, the seller has to pay for them as well. And: If the buyer could have resold the bike at a profit, the seller would even have to give it to him “loss” balance.

To prevent such ugly legal disputes from occurring in the first place, buyers and sellers should adhere to a few rules. The buyer asks everything possible during the viewing appointment – Is the motorcycle accident-free? Has it ever tipped off the stand? How high is the oil consumption? – and tries to convince the seller to include the answers in the sales contract. Then the answers are considered to be an assurance. However, no salesperson will enthusiastically participate in this little game, since the rules for malice apply when an assurance is not fulfilled, just as when concealing accidental damage – but you can try. In the worst case, the seller looks for another buyer for his motorcycle.

The seller, on the other hand, should unpack, namely tell everything possible that has ever happened to him with the motorcycle – from the harmless tipping over to suspicious engine rattling – and integrate these statements into the sales contract. So the buyer cannot claim later that he did not know anything.

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