Ensure security when purchasing a vehicle or. Car sale. With our sample contract, you can ensure that all relevant information is included in the purchase agreement.
Simply enter all relevant data about the vehicle, the buyer/seller and you will immediately receive a clean contract as a PDF file.
You can of course download the contract free of charge immediately after it has been drawn up.
Example car purchase contract:
Questions about vehicle sales contracts:
When is a car considered new or. Used cars?
A used car is a car that is already registered to a final customer, has been used in the previous year and has significantly more than 0 km on the clock. A so-called stock car that is sold for the first time at least 10 months after production is also considered used. A demonstration car that has already been used for more than 1000 km with a U-plate is also no longer new.
A new car is a car that is registered for the first time to a final customer less than 10 months after production. Until then it has been driven almost 0 km except for test and registration drives.
How long is the warranty period?
the legislator sets a warranty period of 24 months in OR 210. However, the buyer and seller can always exceed or fall short of this limit together. In this respect, freedom of contract prevails in switzerland and leaves the parties every freedom, unless there are special circumstances underlying it.
How to recognize fraudulent advertisements and interested parties?
When buying a car, the more detailed the better. If you post a lot of photos and data of the car, you have (apparently) nothing to hide.
Contact the seller. Do not contact them if they can only be reached by e-mail and do not want to give their telephone number. Also, avoid making the purchase in a highway parking lot or secluded in the woods.
Take a second person with you to inspect the vehicle, if possible someone who is familiar with the purchase of vehicles.
- Compare the information given by the seller in the advertisement or verbally with the offered car.
- check the original documents and the service booklet.
- Do not accept copies and pay attention to the place of registration.
- Depending on the situation, it may be worthwhile to have the car checked by an expert.
- Generally reject advance payments.
- You should also refrain from transferring expenses abroad.
Caution is also advised in the case of long journeys. In the hope that a spontaneous price increase will be easier to accept after an hour-long journey than at home, lures are made with distant lure offers, where the price is suddenly raised after the arrival of the buyer.
What to do if a seller asks for a copy of your identification in advance by e-mail?
As a matter of principle, avoid circulating your identity card data on the network. Fraudsters could misuse this data. The seller can check the original of your passport when inspecting the car.
How many attempts to repair the car is the seller entitled to??
By law, there is no basis for an obligation to rectify damage. However, the parties can agree on an obligation to rectify the defects. this can be done informally, implicitly and tacitly.
Why should a buyer give the seller a deadline for subsequent performance??
If a defect can be identified that was not known or not sufficiently mentioned at the time of purchase, the parties can agree on rectification by the seller. There is no legal obligation to rectify the defects.
The rectification can be agreed in the contract or already before the purchase. In this case, set a deadline within which the seller can rectify the defect and make the repaired car available to you.
Must accidental damage always be declared by the seller??
If the car has already been involved in an accident in which it suffered damage, the seller must disclose this damage. Deliberate concealment would be unfaithful. The quality assurance according to BGE 87 II 245 influences the purchase and should therefore be recorded in writing.
Whether damage is value-reducing or otherwise impairing depends on its classification. Minor damage includes dents, paint damage, and damaged glued, pinned, or screwed parts.
A vehicle is defined as an accident vehicle only if load-bearing parts are damaged, such as the chassis main beams, the passenger compartment or chassis vehicle parts/attachments. In order to be able to estimate the reduction in value due to the accident damage, you should consult a specialist.
How to clarify the ownership of the vehicle?
Before you decide to buy a car, you should make sure that the car really belongs to the seller and that it can be sold. Check the vehicle registration card. If the person offering the car does not own one, but can only show the key, you should refrain from buying it.
If the vehicle registration card bears the code 178 (change of owner prohibited), it is a leased or rented vehicle. The seller is not allowed to sell such vehicles, because they are not his property. Even stamped or punched vehicle registration cards are not legal proof of ownership.
If you have serious doubts, you can ask the owner of the car directly at the road traffic office. If the owner is not the same as the seller, contact the owner by phone. Check additionally the service booklet. If you notice any inconsistencies, it’s best to go to the nearest police station and ask for advice.
Do winter tires, aluminum rims or ski racks belong to the vehicle??
Only if accessories and special features are explicitly listed in the purchase contract, they are part of the car. If the individual components have already been listed in a binding manner in the advertisement, the warranty liability according to OR 197 and OR 205 also applies as a rule. If warranted characteristics are missing, the seller is liable for them.
Can a seller withdraw from a sales contract because of a defect??
A seller has the right to withdraw from the purchase contract according to OR 214 if the purchase price is not paid or not paid in full. If the car is already in the possession of the buyer, this right of withdrawal only exists if it was expressly agreed in the contract.
Does small print belong in a car purchase contract??
The purchase contract for a car is based on the law of obligations, which makes small print obsolete. Such additional agreements usually contain provisions in favor of the seller which undermine the legal basis. As a buyer, you should find out exactly what is hidden behind it. However, it is better to use one of the sample sales contracts that do not include the small print. With us you can download an appropriate contract form free of charge.
How do i know if there is a "tachomanipulation"??
Mileage is one of the price drivers when selling a car. The less the vehicle has been driven, the higher the price. Anyone who wants to offer a car that has already been driven intensively and manipulates the speedometer for this purpose is liable to prosecution. You can recognize such manipulations if you carefully inspect the condition of the vehicle:
- This includes interior wear and tear, such as worn seats, condition of pedals, steering wheel and gear stick.
- If in doubt, have the service key, i.e. the electronic key of the vehicle, read out at a workshop.
- In addition, check the service booklet for handwriting and gaps in the entries. Since different employees usually confirm the services performed, these should be clearly visually distinguishable from each other.
If you suspect that the speedometer has been tampered with, do not buy the car. After the purchase, the age of the car is decisive for the further procedure. The older the vehicle, the higher the deviation may be. If it amounts to more than one year’s mileage, the triviality limit has definitely been exceeded. If a much lower mileage was guaranteed, you can contest the contract (OR 28).
What to do if there has been deliberate deception?
If you have been misled by the seller of the vehicle, you can cancel the contract according to OR 28. 1 challenge. This also applies in the event that a third party is the deceiver and the seller could have recognized this.
For example, fraudulent misrepresentation occurs when accident damage or other defects are concealed, concealed or trivialized.
A material defect exists if the actual number of previous owners has been concealed. Since the value of the car is affected, there is a defect according to OR 197.
If you have the impression that you have been deceived, you can contest the purchase contract in writing.