View Single Post
  #17  
Old 21.11.2016, 08:05
aSwissInTheUS's Avatar
aSwissInTheUS aSwissInTheUS is offline
Forum Legend
 
Join Date: Nov 2007
Location: Zurich area
Posts: 12,783
Groaned at 99 Times in 88 Posts
Thanked 19,576 Times in 8,681 Posts
aSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond repute
Re: Sell car in private

Quote:
You Wank, this doesn't apply to private sales !

A private seller can in no way be held responsible to guarantee something free from defects for 2 years
The law is the Code of Obligations, and you are wrong. Unless the seller reduces, or excludes the warranty the default two year applies. Even for a private seller.
Only distinction between a private and a B2C-seller: a private seller can specify any term between 0 and what ever. A B2C can only have either 0, 2 years, or a longer period. (In case of a used product 1 year or more is also allowed).

Art. 197
III. Warranty of quality and fitness
1. Object of the warranty
a. In general
1The seller is liable to the buyer for any breach of warranty of quality and for any defects that would materially or legally negate or substantially reduce the value of the object or its fitness for the designated purpose.
2He is liable even if he was not aware of the defects.

Art. 199
2. Exclusion of warranty
Any agreement to exclude or limit the warranty obligation is void if the seller has fraudulently concealed the failure to comply with warranty from the buyer.

Art. 200
3. Defects known to the buyer
1The seller is not liable for defects known to the buyer at the time of purchase.
2He is not liable for defects that any normally attentive buyer should have discovered unless he assured the buyer that they do not exist.

Art. 203
5. Intentional deceit
Where the seller has wilfully misled the buyer, liability for breach of warranty is not limited by any failure on the buyer's part to give prompt notice of defects.

Art.210
9. Time limits
1An action for breach of warranty of quality and fitness becomes time-barred two years after delivery of the object to the buyer, even if he does not discover the defects until later, unless the seller has assumed liability under warranty for a longer period.
[...]
4An agreement to reduce the limitation period is null and void if:
a. the limitation period is reduced to less than two years, or less than one year in the case of second-hand goods;
b. the object is intended to be used by the buyer or his or her family; and
c. the seller is acting in the course of his or her professional or commercial activities.
5The defence of defective goods remains available to the buyer provided he has notified the seller within the limitation period.
6The seller may not invoke the limitation period if it is proved that he wilfully misled the buyer. The foregoing does not apply to the 30-year period under paragraph 3.
__________________
On Hiatus- Normal operation will resume 22.02.2022 22:02:20.22
Reply With Quote
The following 6 users would like to thank aSwissInTheUS for this useful post: