Used car with a defect: what rights do I have?

Shortly after the purchase, the used car shows a defect? Whether you have claims depends crucially on whether you bought from a dealer or privately, and whether the defect was already present at the time of purchase.

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Your chances of getting your money back

When buying from a dealer (consumer goods purchase), a warranty of at least one year applies; it cannot be excluded toward consumers (§§ 437, 476 BGB).

In a private purchase, the warranty is usually validly excluded ('bought as seen'). However, this does NOT apply to defects fraudulently concealed or expressly assured properties.

What you should do now

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1. Document the defect
Record the defect (photos, workshop report) and collect the purchase contract, the listing and messages, especially assured properties (for example 'accident-free', 'full service history').
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2. Give notice of the defect and demand subsequent performance
Give the seller written notice of the defect and demand rework or replacement, with a deadline (for example 14 days).
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3. After the deadline: reduce or withdraw
If subsequent performance does not succeed, price reduction or withdrawal come into consideration (§§ 437, 323 BGB).
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4. Check a private purchase
For a private purchase, what matters most is: was something assured or a known defect concealed? Then the warranty exclusion does not help the seller.

How to spot the scam

The listing promises 'accident-free' or 'full service history', but the car is not.
The seller pushes for a quick cash deal without a test drive or inspection.
A known defect was concealed during the sales talk.

Frequently asked questions

Can I return a used car?

Not just like that. A withdrawal as a rule requires a material defect that was already present at handover, and usually an unsuccessful deadline for subsequent performance. In a dealer purchase you have considerably stronger rights than in a private purchase.

What does 'bought as seen' mean?

In a private purchase, this clause excludes the warranty for usual, recognizable defects. However, it does not protect the seller if he fraudulently concealed a defect or expressly assured a property.

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.