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Old 20.11.2016, 20:30
ivank ivank is offline
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Re: Sell car in private

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As I understand it car has to run for at least 30 days. I.e. one has 30 days to figure out if the car is OK! Or is this not so?
No such thing exists in the laws! The laws specify a term of 2 years by default.

But it's ok to write 30 days in a contract if you want - contract would take precedence. That's why it's important to have one.

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Art. 200 B. Seller's obligations / III. Warranty of quality and fitness / 3. Defects known to the buyer
3. Defects known to the buyer
1The seller is not liable for defects known to the buyer at the time of purchase.
You'd carry the burden of proof on this one. If it wasn't mentioned in writing (e.g. in contract, or your car ad), you won't prove that you made it known to the buyer

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2He is not liable for defects that any normally attentive buyer should have discovered unless he assured the buyer that they do not exist.
A normally attentive private buyer would be limited to just assessing the car visually and test driving it. If it looks and drives ok, he'll buy it. If the garage later finds that it needs a lot of work to be done on it, that can easily become the seller's headache by default if you don't have a written contract.

Just make a written contract that explicitly specifies all your expectations about the sale, always. Or at least use some reasonable template from the internet if you're lazy to write something up yourself. You won't see any used car dealers selling you the car without making you sign something and there's a good reason for this

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Oh! good thing I always write "Sold as is" on my receipts!
It's a good start, but not really bulletproof. There are better wordings to use in a contract that waive even more liability from you.

Last edited by ivank; 20.11.2016 at 21:08.
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