Buying a used car is one of the most common legal transactions in everyday life. At the same time, there is hardly any other area where disputes arise as frequently over the question of who is responsible for defects that arise later.
The distinction between normal wear and tear and a legally relevant defect is particularly contentious. While sellers often argue that a defect is solely attributable to age, mileage, or normal wear and tear, buyers regularly invoke their statutory warranty rights.
Of particular importance here is the statutory reversal of the burden of proof for the sale of consumer goods under Section 477 of the German Civil Code (BGB). It significantly strengthens the legal position of consumers and, in practice, often results in sellers being held liable for defects that arise shortly after the vehicle is delivered.
The Statutory Warranty for Defects in Used Car Purchases
When purchasing a used car, the seller is obligated to deliver a vehicle free of defects.
According to § 434 BGB, a material defect exists in particular if the vehicle:
- does not possess the agreed-upon quality,
- is not suitable for its intended use,
- does not possess the usual characteristics of comparable vehicles, or
- has safety-related or technical defects that the buyer could not have reasonably expected.
If such a defect occurs, the buyer is generally entitled to various rights. The decisive factor here is usually whether the defect was already present at the time the vehicle was delivered.
The Burden of Proof as the Central Issue
In principle, the party asserting rights based on a defect must also prove that the defect was already present at the time of delivery.
This is often difficult, especially with used cars. It is not uncommon for defects to appear only weeks or months after the purchase. Sellers then regularly argue that the damage occurred only after delivery or is due to normal wear and tear.
For consumers, providing such proof would often be nearly impossible. For this reason, the legislature has established a special rule of evidence in Section 477 of the German Civil Code (BGB).
The reversal of the burden of proof under Section 477 of the German Civil Code (BGB)
When a consumer purchases a vehicle from a business, this constitutes a so-called sale of consumer goods.
If a material defect becomes apparent within one year of the vehicle’s delivery, the law presumes that the defect was already present at the time of delivery.
The buyer therefore does not have to prove that the defect existed from the outset. Rather, the seller must prove that the cause of the defect arose only after delivery.
This provision significantly eases the burden on consumers and, in practice, often leads to the successful enforcement of warranty claims.
Normal Wear and Tear or Material Defect?
A particularly common point of dispute is whether a defect is merely due to normal wear and tear or whether a material defect exists.
Of course, with an older vehicle, one cannot expect all components to be in like-new condition. Normal wear and tear resulting from age and mileage is generally considered a typical risk associated with purchasing a used car.
However, the situation is different if a component already exhibits damage exceeding the normal extent or a technical defect at the time of delivery. In such cases, a material defect may exist, even if the defect does not become fully apparent until later.
This distinction is often the subject of legal disputes.
Buyer’s Rights in Case of Defects
If a material defect exists, the buyer may initially demand subsequent performance. The seller is generally given the opportunity to remedy the defect.
If the repair fails or the seller refuses to remedy the defect, further rights may apply. These include, in particular:
- Withdrawal from the sales contract,
- Reduction of the purchase price,
- Compensation for damages,
- reimbursement for futile expenses.
Conclusion
The warranty against defects in the purchase of used cars remains one of the most contentious areas of sales contract law. Of central importance here is the statutory reversal of the burden of proof under Section 477 of the German Civil Code (BGB), which provides consumers with significant protection within the first year after the vehicle is delivered.
Especially when purchasing a used car, it is worth seeking legal advice early on. Whether the issue is merely normal wear and tear or a material defect for which the seller is liable can often only be determined after a thorough legal review. Our law firm advises and represents both buyers and sellers on all matters related to the warranty against defects in vehicle purchases and enforces your claims both in and out of court.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.