Can a private seller exclude the warranty in Austria?
Yes — a genuine private seller may exclude the warranty. In a pure private sale, the seller can fully exclude the statutory warranty for defects; the valid wording is "sold with exclusion of all warranty." A dealer selling to a consumer, by contrast, cannot fully exclude it: for used cars the period can be shortened to at least 1 year (instead of 2). Fraud (Arglist) breaks through any exclusion — known, concealed defects remain liable. Phrases like "sold as seen" are not a valid exclusion; they only cover obvious defects. In short: privately yes, dealer no, and fraud never.
📋 The rules
- Private sale: warranty can be excluded
- Dealer to consumer: cannot fully exclude
- Used car at a dealer: at least 1 year
- Fraud breaks through any exclusion
- "Sold as seen" is not an exclusion
🔓 Exceptions
- Buying for a business: a dealer can also exclude
- A hidden trader counts as a business
- Despite exclusion: mistake or gross-disparity remedies possible
⚠️ Penalties & fines
This is civil law, not a fine regime — the remedies are repair, price reduction or, for serious defects, rescission (returning the car). A dealer's minimum warranty for used cars is 1 year (default 2). Beware a myth: "a private seller is automatically liable for 2 years just like a shop" is false — a private seller can validly exclude all warranty; the 2-year/1-year regime binds commercial sellers, not private individuals (and never covers fraud). Tip: have the car checked by an auto club before buying.
📎 Official sources
❓ Frequently asked
Can a private seller exclude the warranty?
Yes. In a genuine private-to-private sale the seller may fully exclude the statutory warranty for defects. The valid wording is that the sale takes place with exclusion of all warranty. With that you take on the risk of hidden defects.
Does this apply at a dealer too?
No. A commercial dealer selling to a consumer can't fully exclude the warranty. For used cars the two-year period can be shortened by agreement to at least one year, but not excluded entirely.
What does sold as seen mean?
Phrases like sold as seen or viewed and test-driven are not a valid warranty exclusion. They only cover obvious defects you could see on inspection, not hidden defects that appear later.
Does the exclusion help with fraud?
No. A warranty exclusion is void for defects the seller knew about and fraudulently concealed. Fraud breaks through any exclusion. So if the seller deceived you, you can act despite an exclusion clause.
What remedies do I have for defects?
The warranty first gives you a right to repair or replacement. If that fails, you can demand a price reduction or, for a serious defect, rescission, that is unwinding the purchase. This is civil law; there is no state fine involved.
🔎 Common searches
What people search to land here:
- “used car private warranty exclusion”
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- “sold as seen valid”
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- “warranty exclusion fraud”
- “used car purchase rights austria”