I bought a used car with a defect. Do I have a claim?
You do — and the law is stronger on your side than you think. Under § 508(2) of the Civil Code, a defect that appears within six months of taking delivery is presumed to have existed on the day of delivery — unless that contradicts the nature of the thing or the seller proves otherwise. The burden of proof therefore sits with the seller. The seller is liable for defects that existed at handover and which they did not disclose to you — regardless of whether they knew about them. This is strict liability. Your remedies: a reasonable reduction in the price, and where the thing is unusable, withdrawal from the contract.
📋 The rules
- A defect within 6 months is presumed pre-existing
- The seller must prove otherwise
- Liability is strict — knowledge is irrelevant
- A right to a reasonable price reduction
- If the thing is unusable: withdrawal
🔓 Exceptions
- You may also withdraw if the seller assured you of qualities the car lacks
- An "as it stands and lies" clause excludes the seller's liability
- A different regime applies where the seller is a business and it is a consumer contract
⚠️ Penalties & fines
A single sentence in the contract can wipe out all your protection. If the contract records that the thing is handed over "as it stands and lies", the seller's liability for defects does not apply. Look for that clause first — it hides among ordinary provisions and buyers sign it without noticing. Without it your position is strong: a defect appearing within six months is presumed to be pre-existing, and the seller must prove otherwise. Document everything: the condition at handover, the advertisement, the messages and the seller's assurances. If they assured you the car had certain qualities or no defects at all, and that proves untrue, you have the right to withdraw.
📎 Official sources
❓ Frequently asked
What is the six-month presumption?
A defect appearing within six months of the day you took delivery is presumed to have existed on that day — unless it contradicts the nature of the thing, or the seller proves otherwise.
Must the seller have known about the defect?
No. They are liable for defects that existed at handover and which they failed to disclose, regardless of whether they knew of them. The liability is strict and does not depend on fault.
What am I entitled to?
To a reasonable reduction in the agreed price, corresponding to the nature and extent of the defect. Where the defect renders the thing unusable, you may withdraw from the contract and reclaim the price.
What does "as it stands and lies" mean?
A clause under which the seller's liability for defects falls away. If you sign it in the contract, the protection above does not apply — so look for it before signing anything.
What if the seller assured me it had no defects?
Then you may withdraw even where the defect does not render the car unusable. An assurance about its qualities that turns out to be untrue gives rise to a right of withdrawal.
🔎 Common searches
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