Warranty for used cars – what is covered?

Buying a used car brings with it many questions, especially on the subject of used car warranty. This is an important point that you should think about in advance as a buyer (and as a seller). What exactly is covered, who is liable and how long does the warranty last? This article answers the most important questions and gives a comprehensive overview.

If you are interested in a used car, here are a few offers:

Warranty or warranty for used cars?

What's the difference? Many buyers confuse the terms guarantee and warranty. But there are two different concepts:

1. The warranty

It is also known as liability for defects and is a legally regulated obligationof the selling person. It covers defects that were already present at the time of purchase, even if they are only noticed later. The warranty cannot be contractually excluded by commercial sellers, such as car dealers. However, make sure that no defects are described in the purchase contract, which are of course excluded from the warranty for used cars.

2. The warranty

Warranty is a voluntary service offered either by the dealer or manufacturer. It can apply in addition to the statutory warranty and often also covers damage that occurs after the purchase. Some car sellers offer a free warranty, some also offer an extended warranty, which, however, then incurs further costs.

Note: The warranty on used cars is mandatory for dealers, while the warranty is a voluntary additional service.

Warranty for used cars from the dealer

When buying a used car from a dealer, certain legal regulations apply. These offer you as a buyer protection against hidden defects.

Used Car Warranty – What Is Covered?

It makes sense to subject the used car to a check at the TÜV so that any damage can be discovered.

A common point of contention between buyer and seller is engine damage. If the damage is due to a hidden defect, the used car warranty engine damage applies.

Is there a legal warranty for used cars?

Yes, according to § 437 BGB, the legal warranty applies to used cars from the dealer. However, dealers can reduce the warranty period to one year. Private sellers, on the other hand, can completely exclude the warranty. However, this must then be expressly noted in the sales contract.

Is the warranty valid for used cars for 1 or 2 years?

As standard, the legal warranty for used cars is two years. However, dealers are allowed to shorten this period to one year for used cars. Important: In the first twelve months, the burden of proof lies with the retailer. After that, the buyer must prove that the defect already existed at the time of purchase.

Is there a warranty for used cars from private individuals?

If you buy a used car from a private buyer, different rules apply. Private sellers can exclude the used car warranty privately in the purchase contract. An exception exists if the seller intentionally conceals defects. If no warranty has been agreed, only the warranty (if any) or a goodwill arrangement remains.

What rights secure the warranty for used cars?

The legal warranty for used cars from a dealer gives you clear rights. These are regulated in the Civil Code.

Amendment

The retailer must repair the defect free of charge. After four unsuccessful repair attempts, the buyer can withdraw from the purchase and receive a refund of the purchase price. There is often a dispute about whether and how much the dealer can deduct for the kilometers driven.

Replacement

In rare cases, you will receive an equivalent replacement car.

Reduction of the price

You can reclaim part of the purchase price.

Withdrawal from purchase

If no agreement is possible, or the person selling cannot repair the damage, the purchase contract can be cancelled.

Frequently asked questions about used car warranty

If you still have open questions, we have a few answers for you here.

Who has to prove the defects for the warranty?

In the first 12 months after the purchase, the burden of proof is reversed: the dealer must prove that the vehicle was free of defects at the time of purchase. After this period, the burden of proof lies with the buyer. For purchases made until 31.12.2021, the deadline was only 6 months.

Does the used car warranty cover engine damage?

Engine damage is covered by the used car warranty if it is due to a defect that already existed at the time of purchase. Wear-related damage, on the other hand, is not covered by the warranty.

When does a dealer have to take back a used car?

A dealer must take back the car if:

• a rectification was not possible or unsuccessful,
• the defect is significant,
• and all other solutions (e.g. replacement delivery) are out of the question.

The warranty for used cars offers buyers important rights and protection against hidden defects. Clear legal regulations apply to dealer purchases, while caution is advised for private sales. Check the terms of the contract carefully for limitations of the warranties or indications of previous damage in order to be covered in an emergency.