Statutory warranty is the legally regulated liability of the seller for ensuring that a vehicle sold is free of defects at the time of handover. A defect exists when the vehicle does not have the contractually agreed condition or the condition that can usually be expected — for example because of an undisclosed accident, a faulty component or an incorrect mileage figure. In the B2C context (dealer to private individual), the statutory warranty period is two years and can be reduced to one year when buying a used car; in a pure private sale (private individual to private individual), the warranty may be fully excluded by contract, which in practice is almost always the case. A guarantee is to be strictly distinguished from this: it is a voluntary commitment by the manufacturer or dealer and is not legally required. Anyone who wants certainty about the vehicle's condition before buying can book an independent used-car inspection — which protects you before a defect even arises.
Warranty on used cars: what buyers and sellers really need to know
Whether a fault after the purchase falls under the statutory warranty, a guarantee or your own risk depends on whom you bought from, what the contract says and how the defect is to be classified. This page explains the key terms and shows when an independent on-site inspection can significantly improve your starting position before the purchase. In a specific dispute, the rule is: be sure to consult a lawyer.
Statutory warranty, guarantee and defect — three terms worth knowing
Anyone buying a used car quickly comes across three terms that may sound related but are treated very differently in legal terms.
Statutory warranty (Gewährleistung, also: statutory liability for defects) is what the law automatically grants the buyer — regardless of what the purchase contract says, as long as a dealer is the seller. It obliges the seller to be liable for defects that already existed at handover. In B2C trade the period is two years, often reduced to one year when buying a used car. In a private sale it can be contractually excluded — and that almost always happens.
Guarantee (Garantie) is a voluntary commitment: the manufacturer (manufacturer's guarantee) or a dealer (dealer guarantee, used-car guarantee) agrees to cover certain damage for a defined period. Guarantees only apply to what is explicitly stated in them — and they often run in parallel to the statutory warranty, but do not replace it.
Defect (Sachmangel) is at the heart of warranty claims: a vehicle has a defect if it does not have the agreed condition or the condition that can usually be expected. Classic cases: prior damage that was not disclosed; a mileage figure that is incorrect; or a faulty component that was already not working at handover. Whether a defect can be proven and when it arose is often the core of legal disputes — and an on-site inspection report before the purchase is helpful here as documentation of the vehicle's condition at the time of handover.
When does the warranty apply — and when does it not?
In principle, the statutory warranty only applies when buying from a dealer (B2C), not in a private sale. In a private sale the warranty can be, and as a rule is, excluded. Even when it does apply, in the first twelve months after handover the buyer only has to show that a defect is present — the burden of proving that it arose only after handover then lies with the seller. After twelve months this is reversed.
An independent inspection report documenting the condition of the vehicle at the time of purchase can be useful in such situations — even though it does not replace legal advice.
Private sale: why the inspection matters so much
Anyone buying from a private seller usually buys without any warranty at all. Whatever is not visible as a problem at the handover appointment remains the buyer's problem. An independent on-site inspection carried out before the purchase can help to identify defects before you sign — and thereby significantly reduce the risk.
Frequently asked questions about warranty and the law when buying a used car
Statutory warranty (Gewährleistung) is a legally required liability of the dealer for defects that already existed at the time of handover. A guarantee (Garantie) is a voluntary commitment by the manufacturer or dealer covering specific damage within a defined period. In a private sale there is no statutory warranty; whether a guarantee applies depends on whether the manufacturer's guarantee is still running and whether it can be transferred to the new owner.
Get it inspected before you buy — rather than arguing afterwards
An independent on-site inspection by checkdenwagen.de from €289 incl. VAT and travel documents the vehicle's condition before you sign.