Private sales are one of the most popular options when selling a car. The problem: You never know exactly who you’re going to meet and what’s in store for you after the car sale. Therefore, it makes sense if you know these 5 stumbling blocks that await you when selling privately.
Completely avoid these pitfalls at wirkaufendeinauto.en. We are your expert when it comes to selling used cars. With us you sell your car quickly and with the support of experts directly online. Start now with the online evaluation of your car!
If you want to sell your car privately, a lot of things can go wrong. Our 5 tips make your private sale much easier and safer.
The private sale is one of the most popular variants in the car sale. The problem: You never know exactly who you will meet and what you will have to deal with after the sale of the car. Therefore, it is useful if you know these 5 pitfalls that await you when selling privately.
Completely avoid these pitfalls with wirkaufendeinauto.en. We are your expert when it comes to used car sales. With us you can sell your car quickly and with the support of experts directly online. Start now with the online evaluation of your car!
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1. The test drive: Always arrange the assumption of costs in case of damage!
Clear! No sale of the used car without a test drive. But before the test drive, make sure that you do not suffer any disadvantages! Risks should be prevented here from the outset. Beware of giving your car to someone without a valid driving license! This is punishable. (Road Traffic Act § 21 I No. 2 StVG). Simple and effective is here not only the question of driver’s license and identity card, but also a written contract. In it, the test driver confirms, for example, that his documents are valid.
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What else you should keep in mind:
- Test drive? You drive! In the meantime you keep the driver’s license. The identity card, on the other hand, may no longer be required as a deposit (Personalausweisgesetz § 1 Abs. 1 S. 3 PAuswG).
- Because theft cannot be ruled out, the registration papers Part II (formerly: vehicle title) are not included in the test drive!
- Test drive only with registered vehicle and written agreement!
As a seller, what do I have to pay attention to legally during a test drive??
A test drive is only possible with a registered vehicle. Because with the registration at the road traffic office passenger cars are automatically covered by liability insurance. In this way, the test driver usually also has sufficient insurance cover and is protected against damage to third parties. Important: Check whether your insurance cover includes a test drive! In addition, test drives within the scope of short-term registrations are insured.
Damage to the vehicle is only Comprehensive insurance fully covered. But not in case of gross negligence. So in the case of particularly risky driving maneuvers or influence of drugs. Then insurance benefits can be limited or refused altogether.
Tip from wirkaufendeinauto.de: Always conclude a written agreement with the test driver before the test drive! Here it is agreed who is liable in case of damage:
- Who pays a Deductible?
- Who comes for a Downgrading of the no-claims class at?
- Who settles Fines, which are prescribed after the drive?
- How do you go about Loss of value of your car after an accident at?
A sample form for a written test drive agreement is available for download from the automobile clubs, for example.
2. The contract of sale: exclude liability for material defects!
Have you, as a private seller, excluded the liability for material defects (formerly: warranty)?? Because in Germany the law provides for the two years after a sale a liability for occurring defects. However, as a private seller you can exclude a warranty!
Responsible for repairs you are then only in the case of explicit warranty promises or demonstrable malice – if after the sale a defect in the vehicle is discovered that was not disclosed. This means: Only if the buyer is informed about all decisive characteristics of the vehicle, a contract can exclude the liability for all defects after the sale.
How do I formulate the exclusion of liability for material defects in the sales contract when selling a car??
A suitable wording for the sales contract is for example: "The vehicle is sold under exclusion of liability for material defects." A wording like "bought as seen" on the other hand only excludes liability for visible defects. If the sample of the sales contract lacks the common formulations for the exclusion, supplement the contract! Only then you are on the safe side.
3. Deception: more than a trivial offense!
Of course you want to get rid of your used car. And the car should appear once again in the best light for this purpose. Of course you wash, polish and clean your car before you put it up for sale. Because it is known that a shiny car sells better and faster than a vehicle that looks unkempt.
But be careful not to praise your vehicle excessively when listing it. Because during a viewing such an exaggeration is quickly noticed! Although there is no deception here and you have theoretically nothing to fear. Nevertheless, in this case, interested parties who have traveled a long way often demand reimbursement of travel expenses. Therefore, save yourself the trouble and stick to the truth!
What you have to consider
How to avoid deception as a car seller?
Rule of thumb: What serves the optics is generally allowed, what serves the deception is not!
A classic example for "doctoring" and thus for deception is the filling of particularly viscous oil in order to cover up side noises of the engine. Attention: After detection of fraudulent misrepresentation, not only the sales contract must be rescinded. The seller must then also reckon with a charge of fraud.
4. Deregistration: The seller is responsible for this!
Signing off is one of the most important steps in the sales process. It is often agreed that the buyer will take care of the re-registration of the vehicle. However, just as with the test drive, an accident or misuse by third parties cannot be ruled out before re-registration. Therefore the Deregister the car before the sale! So you can save yourself a lot of trouble! Only then will you not be held responsible for what happens to it after the sale.
What not to use it for?
- Not for traffic tickets of the buyer!
- Not in case of accident of the new owner!
- Not in case of misuse of the sold vehicle by third parties!
Inform the buyer in time before you deregister your car! Before handing over, the new owner must then obtain a short-term license plate, ensuring that insurance coverage is in place if the car is taken home.
Since, beyond your own effort, the deregistration of the car is also a relatively high effort for the buyer, some prospective buyers will be deterred by it. This is how you might be discouraged from selling your car! A clear advantage of wirkaufendeinauto.en: When selling your car to us, the deregistration is not required! We take care of all matters quickly and safely for you!
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5. The payment: handing over only with the bank!
The tricks of fraudsters are manifold: a check can bounce. From abroad, the payment is first made with Paypal and then withdrawn. In this country people like to make a small down payment immediately, the rest is transferred later – allegedly. Very widespread is the Cash payment, as it comes with some advantages. Because if the money is on the table, the vehicle documents can be handed over. So much for the idea. But has proven itself: Money transfers only with the bank!
Meet directly in a bank branch. Here’s what you should avoid:
- Don’t fall for counterfeit money, ask buyers to withdraw money on the spot!
- Do not stand alone and be robbed by accomplices of the buyer!
Some alternatives to direct withdrawal from an ATM are nevertheless available. For example Federal bank checks Don’t put it in the buyer’s name, put it in the bank’s name. This is a safe way to get your money, because the bank will stand for the redemption in this case! In addition to the Bundesbank, some direct banks also offer this type of check. Whether it comes to this payment method depends on the buyer!
If the buyer has a smartphone, he can also "Easy Car Pay" use, which after all was certified by TuV Saarland. First the money is transferred from the buyer to a German bank account. Shortly after, you’ll receive a text message confirming payment has been received.