Consumer protection for used cars

What is “Gewährleistung” when selling used cars?

In German law, Gewährleistung refers to the statutory liability for defects under §§ 437 et seq. BGB.
It applies only where:

a professional dealer (trader)
sells a vehicle to a consumer.

Key facts:

Duration: for used cars, at least 12 months
The original statutory period is 24 months,
but for used vehicles this period may be contractually reduced to 12 months.

Do not confuse Gewährleistung with Garantie

Term	Explanation
Gewährleistung	Statutory obligation of the dealer to remedy defects that already existed at the time of delivery, even if they only become apparent later.
Garantie (commercial guarantee)	A voluntary additional warranty offered by the dealer or manufacturer; they may define the duration, scope and conditions at their own discretion.

1. Can the dealer exclude Gewährleistung in a used car sale?

In a sale from a professional dealer to a consumer (B2C):

A complete exclusion of Gewährleistung is not permitted.
Clauses such as
“Gekauft wie gesehen – keine Gewährleistung” (“bought as seen – no warranty”)
are invalid in consumer sales (see § 475 BGB).

A full exclusion of Gewährleistung is only allowed where the contract is between:

Trader ↔ Trader (B2B), or
Private individual ↔ Private individual (pure private sale).

2. Statutory periods of Gewährleistung

Type of vehicle | Original statutory period | Minimum permissible period
---|---
New car | 24 months | Cannot be shortened
Used car | 24 months | May be contractually shortened to 12 months

For the reduction to be effective, it must be clearly stated in the contract, for example:

“Die Gewährleistungsfrist für gebrauchte Fahrzeuge wird auf 12 Monate verkürzt.”
(“The limitation period for warranty claims for used vehicles is reduced to 12 months.”)

3. Who has to prove the defect?

Time since delivery	Who bears the burden of proof?	Remark
First 12 months	In principle the dealer (reversal of the burden of proof – Beweislastumkehr)	It is presumed that the defect already existed when the car was handed over.
After 12 months	The customer	The buyer must then prove that the defect already existed at the time of delivery.

4. What must the dealer do if a defect arises?

If the customer complains about a defect within the warranty period that was not listed in the contract as a known defect, the dealer must:

Attempt free rectification (Nacherfüllung)
- usually by repair (remedying the defect),
- in other contexts possibly by replacement delivery.
If rectification fails twice, the buyer may:
- withdraw from the contract (Rücktritt)
  → return the vehicle and claim the purchase price back (subject to deductions for use),
- or demand a reduction of the purchase price (Minderung).

Important:

The dealer may not charge the customer for repair under statutory Gewährleistung.
The dealer cannot demand that the buyer contributes to the repair costs.

5. What should be included in the contract to minimise risks?

To reduce legal risk for the dealer, the sales contract should include in particular:

A precise description of the car’s condition, including all known defects.
A clear statement of the actual, verifiable mileage, e.g. whether it is “read off” or “proven”.
A clear clause reducing the Gewährleistung period for the used car to 12 months.
An explicit statement that no additional commercial guarantee (Garantie) is granted, if that is the case.
The buyer’s signature next to all key clauses concerning the technical condition and warranty reduction.

The website’s editorial team strives to provide accurate information based on thorough research and several sources. However, errors or incomplete details cannot be ruled out, and legal provisions may change. Therefore, this text should be regarded only as initial guidance. For binding and up-to-date legal advice, you should consult a lawyer, motor trade association, consumer advice centre or other competent authority.