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sample purchase contract drawn up by lawyer
There are many sample sales contracts for the sale of a car. On the Internet in particular, car owners are inundated with all kinds of contract options. In november 2015, i took a closer look at fifteen of these contract samples from renowned providers. Not one of these sample purchase agreements could convince me completely. In almost all cases decisive contents were missing. often the private car seller (dealers usually have sensible contracts written by the lawyers advising them) only notices during disputes that the sample contract he hastily used is incomplete or contains disadvantageous formulations for the seller. Occasionally, courts even dismiss passages from such sample contracts as ineffective.
Thus, the decision was made to draft a useful sample sales contract for the private seller and to make it available here for private car sellers.
The contract of sale – what must be in it, what not?
A sales contract should always have a certain minimum content. the contracting parties and the car to be sold (which must be described as concretely as possible), its condition as well as the sales modalities must be stated. More is not really needed. But this is easier said than done. In my work as a lawyer, I repeatedly come across contracts that have massive deficits in their formulation.
you are looking for a sample sales contract for the sale of a used car?
This may be one reason why private sellers sometimes do not use a written sales contract at all, but instead rely on the "handshake" purchase. The worst possible variant… although the purchase contract does not necessarily have to be in writing, it is advisable to record the most important points "in black and white". The use of a poor sample sales contract is regularly better than selling without any written agreement. Below I would like to explain what should be included in the contract on the basis of a sample sales contract. But first a note. the used car seller should refrain from using superlatives in the offer. The borderline between profitable vehicle pricing and misleading warranty of characteristics is crossed all too quickly.
How to use our sample sales contract?
First of all, it should be emphasized that this sample sales contract should only be used by used car sellers who sell their vehicle as a private individual. This requires that the vehicle has been registered and used by the seller for a longer period of time. The seller knows the car practically "like the back of his hand". commercial car sellers will find little joy in this sample sales contract.
Private sellers benefit from a solid sample car sales contract
It is very important to me that this is not a "schema F" sample that the seller simply prints out or sends by cut&paste copy into a text editing program. I have deliberately included notes in the sample itself. The sample should therefore encourage the seller to deal with the respective sample formulations. These are to be adapted if necessary by the salesman. This effort will be rewarded with a "watertight" individual contract, which will be suitable for all common sources of conflict in the sale of a car in the run-up to the regulation of the contracting parties. in short, with this sample contract, a private car seller can save himself a lot of trouble. Nevertheless, I do not want to make it unnecessarily complicated and have therefore highlighted the suggested wording in blue.
sample contract for the sale of a used car
1. Heading [such as: contract of sale of the vehicle … ]
A heading serves the transparency. The parties to the contract immediately recognize what is at stake in the aftermath of the sale. The individualization of the vehicle description invalidates idr – in the case of a private seller who repeatedly sells cars – the danger that to his detriment the contract works out a qualification as a so called "car seller". "general terms and conditions. Because then the stricter contract researches of the §§ 305 ff. BGB apply.
2. Concrete designation of the contracting parties
The most concrete possible designation of the parties to the contract should be a matter of course. However, many car lovers are not familiar with the fact that it is advisable to record the identity card number when buying a car in order to prevent identity deception; after all, a motor vehicle can also be used for purposes other than those for which it was intended (e.g., for the purposes of a car sale).B. For insurance fraud, as a getaway or transport vehicle for illegal activities). In addition, the age of majority of the buyer can be ensured.
Name of the seller, address and contact details of the seller, personal identification number of the seller
name of the buyer, address and contact details of the buyer, identity card number of the buyer
3. Accurate reproduction of the vehicle data
Just as important as the designation of the parties to the contract is the description of the object of sale. For used cars this applies even more decisively than for new cars.
So what data of the motor vehicle should be included in the purchase contract?
Object of purchase: the manufacturer, the vehicle type, the registration number, the vehicle identification number (vehicle ID), the color and type of paint, the equipment features, the number of the registration certificate Part II, the next due date for the general inspection, the date of initial registration, the year of manufacture, the total mileage in kilometers driven and the number of previous owners.
4. Further information on the condition of the vehicle / optional equipment
In almost every sample car sales contract these statements are included. They represent a matter of course. If the seller knows that the vehicle has prior damage, it is mandatory to disclose this to the buyer before the conclusion of the contract. The optional extras should expressly include only those features that were not provided with the vehicle at the factory at no extra charge. here it is recommended to have a look at the vehicle documents of the manufacturer to prevent mistakes. Anyone who advertises a factory-fitted feature as an "exclusive extra" could be accused of fraudulent misrepresentation. Summer tires belong to z.B. To almost any standard equipment. Additional winter tires, on the other hand, are in most cases considered to be special equipment that increases the price.
The seller declares that the vehicle:
- Is free from accidents or. accidental damage;
- Free from damage (scratches, dents etc).) is or. has any of the following damages;
- Has a / no replacement engine;
- has not been used / has been used commercially;
- A / no import vehicle is.
the seller declares that he is the owner of the vehicle.
The vehicle offers the following optional equipment: z.B. Heated rear seats, additional 20-inch aluminum rims of the type …; trailer coupling of the type …, the vehicle has been fully serviced in accordance with the checklist.
5. Conditions of the sale
The main and ancillary terms are also an essential part of the purchase contract. These inevitably include the obligations of the parties to the contract. The more concretely these are recorded, the lower the risk that a need for renegotiation will arise following the contractual discussions. Unfortunately, in practice, this point is often given too little attention. From my experience as a lawyer, I can only strongly recommend to deal with this point adequately.
Total purchase price in euros (written as a number and in words), delivery or collection of the vehicle, delivery time or date of delivery. On delivery: delivery period, upon delivery: cost transfer regulation concerning. the costs of the transfer, delay regulation.
6. Effective warranty disclaimer
A private person may exclude the liability for material defects when selling an item (this is commonly referred to as "exclusion of warranty"). It is important that this exclusion is not used in constant repetition in different types of sales. Because then the clause could be qualified as a general business condition. This in turn would mean that the provision would have to be based on the narrow legal requirements set out in §§ 305 ff. of the German Civil Code. BGB must be measured.
The above motor vehicle is sold under exclusion of any warranty. this exclusion of warranty does not apply to claims for damages based on culpable injury to life, body or health and/or based on a negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller.
the seller assigns to the buyer any claims against third parties arising from liability for material defects, insofar as these still exist.
7. Acknowledgement of receipt and declarations of intent of the contracting parties
also this point is not a special feature in sample sales contracts. Therefore I spare myself also for this further explanations.
the buyer confirms with his signature the receipt of all vehicle keys as well as the following documents: z.B. Registration certificate part I, part II, certificate of the last general inspection.
The seller’s signature confirms that he has handed over all the vehicle keys and received the purchase price.
place, date, handwritten signatures of seller and buyer
Notice: the above sample is intended to provide a brief overview of the most important regulations governing the purchase of used cars and can in no way replace legal advice from a lawyer. the sample purchase agreement requires mandatory adaptation to the actual circumstances. The sample contract or parts thereof may only be published with the consent of the author.
our app "car purchase contract generator" is even more convenient
Generate your car purchase contract
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