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STEP

Kaufvertrag: The Used Car Purchase Contract

Record the exact time of key handover — from that moment you are legally responsible for the vehicle.

WHAT TO DO

What is it and when to act?

The Kaufvertrag is the legal document that records the transfer of ownership. Without it you have no proof of purchase, and liability for accidents and fines before the handover is unclear. Sign it at the viewing — never leave blank fields in the seller’s already-signed copy.

What to check before signing

Cross-check the VIN in the contract with the VIN on the body (A-pillar near the windscreen) and in the Fahrzeugbrief (Teil II). Confirm the seller is listed as Halter in Teil II. Check service stamps in the Serviceheft. Ask for an Unfallfreiheitserklärung if available.

Common mistakes

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Max recommends:

I bought a car without recording the handover time. The next day the seller received a speed camera fine from the moment of the transaction — he claimed the car was already mine. The legal dispute took 4 months. Now I always write down the hours and minutes.

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Lea recommends:

The seller asked me to leave the mileage field blank — 'we'll fill it in later'. I agreed. His copy ended up showing 40,000 fewer kilometres. At resale that would have been fraud and I'd have been liable. No blank fields — ever.

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FREQUENTLY ASKED QUESTIONS

What must the contract include when buying from a private seller? ▾

Full names and addresses of both parties; vehicle details (VIN, make, model, mileage); price; exact date and time of key handover; list of known defects. The clause 'gekauft wie gesehen, unter Ausschluss jeglicher Gewährleistung' is essential — without it the buyer can claim warranty repairs for 2 years under §437 BGB.

Can I return a car bought from a private seller? ▾

No — not if the Gewährleistungsausschluss is in the contract. The exception is if the seller deliberately concealed a defect (§444 BGB): in that case you can seek cancellation through court. Buying from a dealer (Händler) gives a statutory 2-year warranty with no caveats.

From what moment am I responsible for the vehicle? ▾

Exactly from the time stated in the contract as the key handover. If the contract says 14:00 and an accident happens at 13:55, the seller is liable. That is why the exact time matters — without it, a court will have to determine the handover from circumstantial evidence.

OFFICIAL SOURCES