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Used car 'bought as seen': when the exclusion does not apply

When privately buying a used car, the contract often says 'bought as seen' or 'excluding all warranty'. This largely excludes defect rights, but not always: with fraudulently concealed defects or assured qualities, the exclusion does not help the seller.

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Your chances of getting your money back

A warranty exclusion does not apply if the seller fraudulently concealed a defect or assured a quality (§ 444 BGB). Then, despite 'as seen', you can assert rights.
According to case law, 'bought as seen' only covers defects that a layperson can recognize during an inspection, not hidden defects. In a purchase from a dealer to a consumer, a full exclusion is impermissible anyway.

What you should do now

  1. 1

    1. Classify the seller

    Private or commercial? A dealer may not fully exclude the warranty toward consumers (with a used car only shorten it to one year).

  2. 2

    2. Check assurances

    Were qualities assured ('accident-free', 'full service history', mileage)? If they are not correct, the exclusion does not apply.

  3. 3

    3. Check for deceit

    Did the seller conceal known defects or an accident? Then the exclusion is invalid.

  4. 4

    4. Assert claims

    Demand supplementary performance, withdrawal or reduction in writing. Secure evidence (advertisement, chat, expert opinion).

How to spot the scam

  • The seller did not mention an accident or known defects.
  • Qualities from the advertisement ('accident-free') are not correct.
  • A dealer disguises themselves as a private seller in order to exclude the warranty.

Frequently asked questions

Does 'bought as seen' always apply?

No. The clause only covers defects recognizable during an inspection. With hidden defects, fraudulent concealment or assured qualities, it does not help the seller (§ 444 BGB).

May a dealer exclude the warranty?

Toward consumers not fully. In a used car purchase they can shorten the warranty to one year but not exclude it entirely. A 'as seen' from a dealer is therefore usually invalid.

What if the seller concealed an accident?

Then fraudulent concealment is likely, the warranty exclusion does not apply, and you can withdraw or reduce the price, and possibly also rescind the purchase. Secure evidence such as the advertisement and messages.

Take action now

We put together the ready-made texts and the right places to contact for you.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.