Before you sell used car contract of sale
By Rune Moefelt, attorney at Maare Advokataktieselskab, DenmarkAs a seller of a used car, you should secure a good contract in order to avoid complaints.
A good agreement can not take into account all possible problems or possible complaints that may arise, but it can prevent and respond to many.
You can with advantage also read the article ”Before you buy a used car”, as the article deals with more issues, as you, as the seller also should be aware of. As a seller of a used your you have a duty to inform the buyer about all the faults and shortcomings you know. You are not doing it, you run the risk to be responsible for any defects either known or ought to ken-to the. Information which you provide, should always be written into the purchase contract. You must not disclose more about the car than you can prove or is quite sure. how much the car has been driven, the vintage, when the car is registered, equipment, etc. Therefore write f. not what any of the ads, when you put the car for sale. It is information that a buyer will put weight on, and they will be included in a mangelsbedømmelse late-re. Købets funding. It is of course up to you whether you want to give a buyer credit, so that he or she does not pay the purchase price wholly or partly in connection with the acquisition.
It may not, however, recommended that, as a private seller provides the credit.
It you should let retailers and banks. Get therefore the purchase price not later than the time you deliver the car to the buyer. Buyer pays with check, it should be listed or issued by a bank, otherwise you may risk that the cheque is unsupported. Lien or reservation of title in the car.
Your obligation as a seller - deficiencies, etc
It is you who is the seller responsible to buyer for, that there is a mortgage or similar in the car.
Is taken mortgage or reservation of title in connection with the fact that you bought you, you must make sure to get the mortgage or retention of title shall be canceled before the car is handed over to the buyer. Has a former owner of the car told you that there is no lien in the car, you will still have the responsibility of the buyer. You should therefore investigate, whether there should be a mortgage or similar in your car before you sell.
This you can do by going into.
Disclaimer or prejudice. It is our experience that the wording such as ”sold as is”, ”purchased as is” or ”without liability for errors and deficiencies” often used by sellers in purchase agreements. Such general terms you should avoid to use. They will often be ineffective and is not accorded much weight by a specific mangelsbedømmelse. You should instead take concrete subject to all the defects that you know of and write them into the agreement.
It is a common misunderstanding that the buyer has the warranty after the sale of goods act.
The buyer has no warranty according to Danish Law, and Danish Law contains no rules on the warranty. You are as the seller is not obligated to provide the buyer warranty of any kind. Guarantees must be separately agreed. However, you must be aware that the information you specify in f. ads can be interpreted as properties of the car, which you warrant to buyer. The buyer's examination of the car. Any errors and shortcomings as a buyer will be able to discover, or should discover, by an examination of the car, he may not subsequently claim. It should therefore be reflected in the contract of sale whether the buyer has had the opportunity to examine the car, and f. test driven the car prior to purchase. It may with advantage be indicated when and how many times. The re-registration, and insurance. In order to avoid any ambiguity it should be clarified in the sales contract, who will pay and arrange for a re-registration of the car. You should in the contract of sale to provide information about when the car lately, have been to the sight, and the buyer should obtain synsrapporten as an annex to the agreement. BemærkDenne article is not meant as an exhaustive review of sales contracts, what you, as the seller must arrange for the sale of a used, and there may be other conditions than those mentioned above, you should be aware of. It can therefore not replace the need for legal advice in a concrete case. Since have car prices been the leading source for the assessment of used cars. All assessments are based on BilpriserPro Pricing, bilbranchens independent tool for bilvurdering.
