However, the presentation in printed classified ads on paper is becoming increasingly rare. These days, classic cars are generally sold via online platforms. However, this does little to change the basic rules for a legally innocuous vehicle description. This is because many of the "usual" details in advertisements can have consequences under civil law under certain circumstances.
Let's start with perhaps the biggest mistake. When selling from private person to private person, sellers often think that no warranty claims can be asserted because the warranty is excluded. Apart from the fact that the exclusion of warranty in the case of a sale by a private individual is not automatic, but must be agreed in a legally sound manner, this exclusion of warranty is not an absolute criterion for excluding all claims.
Defectiveness
In the event of a dispute, lawyers assess how a vehicle should be and how it actually is. If the vehicle falls short of the "target", it is defective. To determine what the classic car should be like, lawyers not only look at the purchase contract, but also at all the information previously provided by the seller. For example, not only the communication that was exchanged before the contract was concluded, but also the sales advertisement through which the subsequent buyer became aware of the vehicle.
If the seller has made quality statements about the vehicle, these take precedence over the exclusion of warranty according to the case law developed by the Federal Court of Justice (BGH). The legal construction chosen by the BGH is that the typically generally formulated warranty exclusion is interpreted restrictively behind individual promises regarding the condition of the vehicle - a circumstance that is not stated in the law. This is why other promises regarding the condition of the vehicle on the part of the seller are also important in the legal assessment. And that is why you should also be careful with the vehicle description that you publish in the advertisement.
It was precisely this limitation of the exclusion of warranty that recently "blew up in the face" of a seller of a classic car. He stated in the sales advertisement that the air conditioning system of the vehicle on offer would work. However, after concluding the purchase contract, the buyer discovered that the air conditioning system was not working and claimed compensation for the repair costs. The BGH gave priority to the promise of a functioning air conditioning system over the exclusion of warranty and upheld the claim.
The BGH was also not bothered by the fact that some components of the air conditioning system can certainly be regarded as wearing parts. After all, a statement can also be made about the condition of wearing parts.
Accident-free, only 10,000 kilometers
If one takes note of the case law developed by the BGH, the aforementioned ruling is not surprising. But what other, often carelessly made statements can be a seller's undoing?
In numerous advertisements, even for historic vehicles, it can be stated that the vehicle is accident-free. According to the case law of the Federal Court of Justice, an accident-free vehicle is one that has never had any damage beyond minor damage such as paint scratches. However, the longer a vehicle has been on the road, the greater the probability of damage and the more difficult it is to prove that it has actually been accident-free for decades. The individual statement of accident-free condition takes precedence over the generally formulated exclusion of warranty, so that the seller would actually have to deliver an accident-free vehicle and cannot invoke the exclusion of warranty.
Caution should also be exercised when stating the mileage. By quoting a figure, the seller promises an actual mileage. However, especially with five-digit counters, this can be far higher than the mileage shown on the odometer. Here, too, the longer a vehicle has been on the road, the more distance it has normally covered and the more important it is to prove an unusually low mileage. Otherwise, there is also a risk of a claim for defectiveness against the private individual. In case of doubt, it should always be made clear that the figure in the advertisement merely reflects the mileage read off.
H-splitting and condition notes
According to the BGH, a seller's promise of registration with an H license plate / veteran status means that the vehicle must not only be approved accordingly, but must also actually meet the requirements for approval. Subsequent vehicle modifications that lead to the loss of the H license plate / veteran status constitute a defect. This applies both to conversions and to deterioration in condition due to wear and tear.
Speaking of condition: Condition grades are also - who would have thought it? - a binding description of condition. The grades are defined across the industry. The definitions can be found with the same content on the Classic-Analytics and Classic-Data websites. Case law regards the specification of a condition grade not only as a promised condition, but even as a guaranteed condition. However, many vehicle owners tend to overestimate their own vehicle.
Even brief valuations, from which the condition rating is taken, often present the vehicles too well. After all, the scope of a brief assessment only consists of the assessor walking around the vehicle once and making a superficial assessment. It is obvious that in many cases the impression of a visual inspection will not be confirmed by a detailed examination of the vehicle.
Subsequent performance, reversal, compensation
What does the seller face if he has delivered a defective vehicle? In the first stage, the buyer "only" has the right to subsequent performance. As long as the buyer - apart from a few exceptions - has given the seller an opportunity for subsequent performance and the subsequent performance stage has not yet finally and seriously failed, the buyer does not (yet) have any further rights. However, if the subsequent performance stage has then failed, the buyer is entitled to compensation, reversal and a reduction in price.
The right of rescission exists if the defect is significant. This is assumed to be the case if the costs of rectifying the defect amount to around five to ten percent of the purchase price. However, if this right is exercised, the seller at least gets the vehicle back and can market it again.
The claim for damages is often even more painful. This can be aimed - as in the decision of the BGH - at ensuring that the contractually owed condition is restored, i.e. that the defect is rectified. In the case of a non-functioning air conditioning system, as in the example described at the beginning, this may still be relatively harmless. However, if a vehicle in actual condition 4 has to be "restored" to the grade 2 guaranteed in the contract, it becomes clear how expensive the claim for damages can become for the seller.
The following therefore applies: Take the greatest possible care when describing the vehicle so that you are not bound by careless statements. Ask yourself whether every statement in the advertisement or in communication with the seller is actually true. Or simply put: Don't make promises you can't keep.
KNOOP Rechtsanwälte
Dr. jur. Götz Knoop
Lawyer - Specialist lawyer for traffic law
Geiststraße 1 - 59555 Lippstadt
Tel: (02941) 3046+
Mail: [email protected] - Internet: www.knoop.ch
