Used car with a defect — enforcing subsequent performance, withdrawal or price reduction
Since the 2022 sales law reform: if a defect appears within one year, it is presumed to have existed at the time of purchase.
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Quick check: what should you do?
3 short questions — no sign-up required.
Deadline at a glance
Reasonable period for subsequent performance, usually 10–14 days
§ 439 BGB
Before withdrawal (Rücktritt) or price reduction (Minderung), the seller must as a rule be given a reasonable period for subsequent performance (Nacherfüllung) — only in the case of a substantial defect or refused or failed subsequent performance is no deadline required.
It is an AI, not a person: nobody looks at your individual case, and we do not know who signs up or for what reason. That is why we give pointers, but no legal advice on the individual case. Guidelines and playbooks in the platform are only guardrails: the AI relies on the available sources and your information. AI can make mistakes — check important results, and if in doubt, ask a lawyer.
What we pay special attention to
Curated from real cases. The AI review flags exactly these points in your document.
In a private sale, an exclusion of warranty is usually valid — only fraudulent concealment overrides it.
Without setting a timely deadline for subsequent performance, an immediate withdrawal is often open to challenge.
Compensation for use significantly reduces the refund on withdrawal.
What you can do here in 5 minutes
When a used car is bought by a consumer from a business, a one-year reversal of the burden of proof (Beweislastumkehr) has applied since 2022 (§ 477 BGB): if a defect appears within this period, it is presumed to have existed at handover — the seller must prove otherwise. In a purely private sale, by contrast, an exclusion of warranty (Gewährleistungsausschluss) is usually effective (limit: fraudulent concealment, § 444 BGB).
Upload the purchase contract + a description of the defect or the garage’s findings — our AI tools check the burden of proof and deadlines and prepare the demand for subsequent performance.
Results in three steps
Document the defect
Secure photos, the garage’s findings and a readout of the fault memory.
Demand subsequent performance
Written demand for subsequent performance with a reasonable deadline (usually 10–14 days).
Withdrawal/price reduction
Once the deadline expires, declare withdrawal or price reduction, factoring in compensation for use.
- Document the defect – Secure photos, the garage’s findings and a readout of the fault memory.
- Demand subsequent performance – Written demand for subsequent performance with a reasonable deadline (usually 10–14 days).
- Withdrawal/price reduction – Once the deadline expires, declare withdrawal or price reduction, factoring in compensation for use.
- No on-site technical inspection of the vehicle.
- No substitute for independent evidentiary proceedings (selbstständiges Beweisverfahren) in a dispute about the cause of the defect.
- No representation in court.
Transparency
What the AI checks — and what only a lawyer can decide
An AI is only as good as the question. We show openly where your answer is reliable and where you should speak with a lawyer.
If you suspect fraudulent concealment (accident damage deliberately withheld) or the amount in dispute exceeds €5,000.
More letters & checks
- Fine noticeAccused of a regulatory offense? At 2 weeks, the objection period is considerably shorter than for most other official decisions.
- Check T&C clausesExclusion of liability, notice period, automatic contract renewal — not every clause in standard terms and conditions is valid.
- Health insurer refusesTherapy, medical aid or rehabilitation refused? Often the insurer has missed its own response deadline — in which case the benefit is already deemed approved.
- Care level objectionThe long-term care insurer almost always follows the assessment of the Medical Service — if you object, you should check it module by module.
