When selling a car privately, an exclusion of warranty is almost always agreed. But this does not apply in every case - this is now shown by a BGH decision.
Buying a used car is always associated with particular risks - especially if you buy the vehicle privately rather than from a dealer. As a rule, in such a case, a so-called exclusion of liability for material defects is agreed. If there is a defect in the vehicle purchased, the buyer is not entitled to any warranty. But in certain cases it does, as a decision by the Federal Court of Justice (BGH) shows.
Online advertisement for a classic car with the addition: “Air conditioning works perfectly”:
This case involved a classic car: a Mercedes-Benz 380 SL from 1981 with a mileage of around 150,000 kilometers. The online ad read, among other things: “Air conditioning works perfectly. The sale takes place under exclusion of any liability for material defects”. A corresponding passage was also found in the purchase contract.
The classic car's air conditioning system is defective: the buyer wants to have the repair costs reimbursed
In March 2021, the plaintiff bought the vehicle for 25,000 euros, but in May 2021 he complained that the air conditioning was defective. He then asked the seller to cover the repair costs of 1,750 euros. However, he refused to pay - and referred to the agreed exclusion of the warranty.
According to the BGH, the air conditioning system works perfectly as part of a quality agreement
The lower courts had decided in favor of the seller - but the BGH saw the matter differently. The statement made in both the online advertisement and the purchase contract that the air conditioning system works perfectly is part of a quality agreement, according to a statement from the BGH. But the exclusion of liability for material defects does not extend to this quality agreement. Instead, the exclusion of warranty is limited to “any material defects not in question here”.
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Quality agreement cannot automatically become invalid through exclusion of liability
The judges emphasized in their decision (ref.: VIII ZR 161/23) that a quality agreement would be practically worthless if it were automatically invalidated by an exclusion of liability. Although the relatively high age of the vehicle and the susceptibility of a component to wear “can be important for the usual condition of a used car” - these factors play no role for a specifically agreed condition, as in this case. The Federal Court of Justice overturned the decisions of the lower courts - and referred the case back to the appeal court for a new hearing.
If you want to buy a classic car, you should not only be careful when purchasing it: you should also avoid certain mistakes when insuring classic cars - otherwise it can end up being expensive.