used cars
Under a Used (in Switzerland Occasion called) means a vehicle , usually a passenger car , which had at least one previous owner. A whole sector of its own has set itself up to deal with used vehicles; the used car dealers.
The Swiss “Occasion” comes from the French “opportunity”. In French , Italian , Spanish and Portuguese called "Occasion", "Occasione", "Ocasion" resp. "Ocasião" means used goods (and by no means the bargain purchase of new goods).
definition
If the vehicle is less than 12 months old , it is also known as an annual vehicle . These vehicles, which are very popular with buyers, are up to 30% cheaper than new cars , seldom have defects due to their low age and usually still have a warranty (for the new car seller, in addition to the warranty for the annual car seller) and / or guarantee (for the manufacturer or importer). Daily registrations do not count as used vehicles .
Used car valuation
In the case of higher-value or higher-priced used vehicles, it is advisable to consult an expert (e.g. from TÜV , Dekra or ADAC ) before purchasing, in order to have an expert determine the technical condition of the vehicle and what price, based on the condition and is appropriate to the other properties. The inexpensive minimum solution is to carry out a general inspection, combined with a note from the prospective buyer to the expert that they are interested in the condition because they want to buy the vehicle. As a rule, the specialist will then provide valuable verbal information on the condition of the vehicle in addition to the general inspection, and possibly the reasonable purchase price of the vehicle.
The Schwacke List and Deutsche Automobil Treuhand GmbH (DAT) are also valuation services for used cars in Germany . In Austria, Switzerland and almost all other European countries there is the Schwacke service for used car values under the name Eurotax . The publisher of these services, including the Schwacke list, is EurotaxGlass International AG , based in Switzerland.
Autouncle offers an independent and free service for the market-based valuation of used cars in Germany, Austria and 8 other European countries . The meta search engine collects, compares and evaluates vehicle ads from over 1000 used car websites in Europe. In the USA there is a counterpart called the Kelley Blue Book .
Legal issues
In the case of a used car, unless there are special circumstances, normal age-related and usage-related wear is customary and acceptable. The limit for minor damage that is not subject to notification must be drawn very narrowly in the case of passenger vehicles . In the case of passenger cars, minor damage is only considered to be very minor external (paint) damage, but not other (sheet metal) damage, even if it did not have any further consequences and the repair effort was only minimal. The exterior mirrors or glass panes replaced after an accident no longer fall into the category of minor damage and must be mentioned in the sales contract . It is an accident vehicle if the damage goes beyond the minor damage. The character of an accident vehicle can not be changed by any kind of repair . A concealment of these damages is a fraudulent deception according to § 123 Abs. 1 BGB , which can be effectively challenged by the buyer and leads to the ineffectiveness of the purchase contract. The Federal Court of Justice (BGH) ruled in July 2007 that used car buyers can return the used car and reclaim the purchase price if a defect becomes apparent within the first six months after purchase. The used car seller bears the burden of proof that the defect did not exist when the vehicle was sold.
- Typical defects
Depending on age, mileage, manufacturer and model, different defects can be expected in used cars. Dealers and other commercial sellers (e.g. companies, tradespeople and freelancers when selling company cars ) are legally obliged to provide a 2-year warranty (including liability for material defects ), but may contractually shorten this to one year for used vehicles ( Section 476, Paragraph 2 Sentence 2 BGB). The warranty applies to the faultless (non-defective) condition of the vehicle at the time of handover , but not to normal wear and tear from previous use, normal wear and tear in the course of subsequent use by the buyer or subsequent damage from improper use by the buyer, e.g. B. engine damage by tuning . In particular, the seller is also liable for material defects unknown to him . For private individuals , however, a warranty (colloquially often confused with guarantee ) is usually completely excluded by contract, and the vehicle should be examined particularly thoroughly by the buyer before purchase. In any case, sellers are obliged to provide complete and truthful information about existing defects and damage (e.g. accident damage ).
With a certificate ( TÜV , Dekra or ADAC ) you can partially protect yourself as a trader when selling, since the defects of the vehicle are all named. If the buyer points out a defect after three months, the report can prove that the defect was not present at the time of sale. A repaired accident damage is in the report z. B. also occupied. If the buyer signs the report, he will be informed of any defects before the purchase and there can be no more misunderstandings.
Anyone who takes out a dealer guarantee when buying a used vehicle has a free choice of workshop for inspections . In October 2009, the BGH declared clauses binding the buyer to the dealer's workshop to be ineffective.
economic aspects
It should be noted that the cheaper new vehicle discounts are only granted by some insurers if the policyholder is the first owner. Under VAT law , a vehicle that has not driven more than 6000 km or is not older than six months is still considered a new vehicle, and the VAT customary there must be paid when it is imported into another EU member state. The vehicle registration certificate and vehicle identification number should be checked for theft, form theft, tampering or other defects. In Germany, this is only possible to a very limited extent to the detriment of the buyer.
The value of a used car is its market value . The Schwacke list from Autovista is available as an objective tool for pricing .
When buying a used car, too, asymmetrical information is the basis because the seller wants to achieve the highest possible sales price and could therefore conceal defects, while the buyer is interested in knowing these defects. This phenomenon is at the core of The Market for Lemons described by George A. Akerlof in August 1970 . Then the buyer of used cars is at risk of a car with hidden mechanical / technical problems ( English lemon ) to acquire, because the sellers value-reducing properties could conceal.
Used car market in Germany
| holder | number | proportion of |
|---|---|---|
| Ownership transfers | 6,883,498 | 100.0% |
| of which private owners | 6,522,632 | 94.8% |
| of which commercial owners | 360,866 | 5.2% |
| brand | number | Market share |
|---|---|---|
| Volkswagen | 1,445,277 | 21.0% |
| Opel | 833,517 | 12.1% |
| Mercedes Benz | 611.182 | 8.9% |
| ford | 591,802 | 8.6% |
| BMW , Mini | 588.168 | 8.5% |
| Audi | 471,699 | 6.9% |
| Renault , Dacia | 374.683 | 5.4% |
| Fiat | 212.401 | 3.1% |
| Peugeot | 210.061 | 3.1% |
| Škoda | 150,721 | 2.2% |
| Toyota , Lexus | 142,956 | 2.1% |
| Seat | 131,752 | 1.9% |
| Citroën | 124,749 | 1.8% |
| Nissan , Infiniti | 116,304 | 1.7% |
| Mazda | 116.162 | 1.7% |
| Hyundai | 104,353 | 1.5% |
| Smart | 76,876 | 1.1% |
| Volvo | 66,424 | 1.0% |
| Mitsubishi | 66.103 | 1.0% |
| Honda | 65,920 | 1.0% |
| Kia | 65,493 | 1.0% |
| Suzuki | 60,709 | 0.9% |
| Other brands | 256.186 | 3.7% |
| All in all | 6,883,498 | 100.0% |
See also
- Used car practice (magazine)
- GW-trends (magazine)
Web links
Individual evidence
- ↑ BGH, judgment of November 23, 2005, Az .: VIII ZR 43/05 = NJW 2006, 434
- ↑ BGH, judgment of October 10, 2007, Az .: VII ZR 330/06 = NJW 2008, 53
- ^ BGH, judgment of October 10, 2007, Az .: VII ZR 330/06
- ↑ BGH strengthens the rights of used car buyers . In: Handelsblatt . July 18, 2007 ( [1] [accessed November 2, 2011]).
- ↑ Federal Supreme Court strengthens the rights of used car buyers . In: WAZ . October 14, 2009 ( [2] [accessed November 2, 2011]).
- ↑ George A. Akerlof, The Market for 'Lemons': Quality Uncertainty and the Market Mechanism , in: The Quarterly Journal of Economics, Volume 84, No. 3, August 1970, pp. 488 ff.
- ↑ Transfer of ownership of passenger cars in the years 2009 to 2012 according to selected owner groups. Federal Motor Transport Authority , accessed on June 21, 2014 .
- ↑ Transfer of ownership of passenger cars from 2003 to 2012 by country of origin and selected brands. (PDF) In: Statistische Mitteilungen des Kraftfahrt-Bundesamt FZ 18, 2012. Kraftfahrt-Bundesamt , May 2013, p. 12 , accessed on June 21, 2014 .
