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Old 29.07.2010, 22:06
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Selling a 2nd hand car privately - Swiss laws

Hello,
I need an advice in a strange situation the the car I recently sold.

I bought a 2nd hand car about a year ago, then I wanted to sell it after about 7 months of usage. So I posted an ad in our intranet (I was asking 2500CHF for 1999 5door Opel Corsa, aut.trans.) and a person contacted me regarding the car. The car was examined by him and he agreed to buy the car. He was going to take the car to the garage for service and thus asked me to drop the price to 2000CHF. We agreed on the price and I passed the car to him after annulling and returning my number plates.

About 2 months after this he informed me that the car's engine was overheaten while he was driving and a week later I received this email from him:
Quote:
The Opel Corsa I purchased on June 3, 2010 from you, will cost at
least 1500 to 1800 CHF to repair. I have now spoken to many Garages
and Mechanics and every one of them have confirmed that the issue with
the Engine existed for a long time and could not have developed after
I bought the car.

I have spoken to my lawyer and I have been informed that the Swiss
Laws obliges a seller (a dealer or a private person) to provide a
minimum of 3 months warranty.

Given the current situation we both are in I can think of only two
following options:

1) You pay for the charges of repair

2) You refund the money I paid for the purchase of car

Please let me know what you prefer so that we can close this issue.
Can anyone advice how to deal with this?
I am not a swiss national , the purchaser is also a foreigner.
Thanks in advance
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Old 29.07.2010, 22:45
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Re: Selling a 2nd hand car privately - Swiss laws

confirm the BS of this stupid law.

what a pussy.
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Old 29.07.2010, 22:47
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Re: Selling a 2nd hand car privately - Swiss laws

I doubt there is such law,
Did he buy the car as is? he even had it checked out by a mechanic.
Id write him back and say tough luck.

I can go around buying cars every 3 months, beat the living hell out of them and then claim crap like this.

Id tell him to back off or YOUR lawyer will be in touch with him in regards to blackmailing. He is pulling the lawyer card on you and seems he could have puled a fast one.

If there is no such thing as 3 months in the contract tell him to f off
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Old 29.07.2010, 22:49
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Re: Selling a 2nd hand car privately - Swiss laws

As far as I understand, the buyer is right.
Unless you agree with the buyer not to give a guarantee, there is a one year guarantee.

I found the information here (in German): http://www.ktipp.ch/themen/beitrag/1...-_mit_Garantie

On the other hand: the buyer has intentionally bought a car that needed a service and took a risk with it.

Check with your legal insurance if you have one.
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Old 29.07.2010, 22:56
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Re: Selling a 2nd hand car privately - Swiss laws

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As far as I understand, the buyer is right.
Unless you agree with the buyer not to give a guarantee, there is a one year guarantee.

I found the information here (in German): http://www.ktipp.ch/themen/beitrag/1...-_mit_Garantie

On the other hand: the buyer has intentionally bought a car that needed a service and took a risk with it.

Check with your legal insurance if you have one.

Where do you see thaT?

I paid well over 600 extras for my truck to get a 1 year warranty so Im not to sure you are reading it right
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Old 29.07.2010, 23:03
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Re: Selling a 2nd hand car privately - Swiss laws

We bought a car from my husbands colleague when we moved here and I don't recall anything about a warranty ever being discussed (9 years ago.. Apologies for my poor memory). Anyhow, in your case you could perhaps call a car dealership and maybe one of the slaesman could help you out with some information. In addition, when they refer to warranty, find out what parts of the car are covered. It could be that the engine is not... Worth a shot I think.
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Old 29.07.2010, 23:44
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Re: Selling a 2nd hand car privately - Swiss laws

*this post has been deleted*

Last edited by ThomasT; 30.07.2010 at 00:06. Reason: I should not give advice when I'm not a lawyer
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Old 29.07.2010, 23:47
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Re: Selling a 2nd hand car privately - Swiss laws

Quote:
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Hello,
I need an advice in a strange situation the the car I recently sold.

I bought a 2nd hand car about a year ago, then I wanted to sell it after about 7 months of usage. So I posted an ad in our intranet (I was asking 2500CHF for 1999 5door Opel Corsa, aut.trans.) and a person contacted me regarding the car. The car was examined by him and he agreed to buy the car. He was going to take the car to the garage for service and thus asked me to drop the price to 2000CHF. We agreed on the price and I passed the car to him after annulling and returning my number plates.

About 2 months after this he informed me that the car's engine was overheaten while he was driving and a week later I received this email from him:


Can anyone advice how to deal with this?
I am not a swiss national , the purchaser is also a foreigner.
Thanks in advance

Ask to see a written Engineers or Mechanics report and take it from there.
He may be telling the truth about a condition you were not aware of.
Once you get the report, then research the legality of his claims. Until then, I would not worry.

O also doubt his claims about "Many garages..." He has hardly driven the car around to different garages has he ? With a bill like that it sounds as if the car is laid up.
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Old 29.07.2010, 23:53
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Re: Selling a 2nd hand car privately - Swiss laws

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Ask to see a written Engineers or Mechanics report and take it from there.
He may be telling the truth about a condition you were not aware of.
Once you get the report, then research the legality of his claims. Until then, I would not worry
Yes right exactly
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Old 30.07.2010, 00:36
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Re: Selling a 2nd hand car privately - Swiss laws

perhaps there is a so called "lemon law" as it called in the States, but that's usually for cars that garages or dealers sell. But I wouldn't be surprised if they had a private law in Switzerland. Best to check with a lawyer before you get screwed later on.
Did you sign a contract of sale?
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Old 30.07.2010, 01:04
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Re: Selling a 2nd hand car privately - Swiss laws

Quote:
Did you sign a contract of sale?
No, no contract was signed.
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Old 16.10.2010, 01:17
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Re: Selling a 2nd hand car privately - Swiss laws

Hello,

I wonder, how you story ended? Everything okay? The thing is ... I am going to sell my car, and I don't want to have situation like this ...
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Old 16.10.2010, 12:16
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Re: Selling a 2nd hand car privately - Swiss laws

I'd be interested to know if there was any resolution.

I can't believe there is any such law.. what kind of 'guarantee' could a private seller provide ?

Anyway.. if there's nothing on paper and it ever escalated.. the seller could just say ".. well I told you about that problem..." maybe not that honest.. but then again who knows if the buyer hasn't got some other motives to get rid of the car..
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Old 16.10.2010, 12:39
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Re: Selling a 2nd hand car privately - Swiss laws

I've decided to sell car with contract where I will specify that "the car is sold as is, without warranty". Here one can see a typical contract (in french):

http://www.tcs.ch/main/fr/home/auto_...contrat_fr.pdf
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Old 17.10.2010, 20:49
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Re: Selling a 2nd hand car privately - Swiss laws

If someone will be interested. The best way to sell car in a way that no-one will demand some warranty in the future will be the following (in french):

Les frais d’immatriculation sont à la charge de l’acheteur. En outre, le véhicle est vendu comme vu et essayé, expertisé et sans garantie quelle qu’elle soit. Cette clause annule toute prescriptions légale faisant partie intégrante du Code Civil Suisse et du Code des Obligations Suisse.
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Old 17.10.2010, 20:56
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Re: Selling a 2nd hand car privately - Swiss laws

If you are talking about "ricardo.ch" than I can easily say such law is non-existent, speaking from experience, at least two cars sold and bought via internet and never did we ask for such a warrant and never were we asked for it either.
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Old 18.10.2010, 00:00
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Re: Selling a 2nd hand car privately - Swiss laws

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I'd be interested to know if there was any resolution.

I can't believe there is any such law.. what kind of 'guarantee' could a private seller provide ?

Anyway.. if there's nothing on paper and it ever escalated.. the seller could just say ".. well I told you about that problem..." maybe not that honest.. but then again who knows if the buyer hasn't got some other motives to get rid of the car..
Have a look at these: Art. 197 Swiss Code of Obligations together with Art. 210 Swiss Code of Obligations.
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