Car Sale As Is Contract for Germany

Car Sale As Is Contract Template for Germany

This document is a comprehensive car sale contract template designed under German law for "as is" vehicle transactions. It incorporates specific provisions required by German civil law (Bürgerliches Gesetzbuch - BGB) while explicitly limiting warranties and establishing clear terms for the sale of a vehicle in its current condition. The contract includes mandatory disclosures of known defects, clear warranty limitations within the bounds of German law, and specific provisions for transfer of ownership and registration. It is structured to protect both seller and buyer interests while complying with German consumer protection regulations and vehicle transfer requirements.

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What is a Car Sale As Is Contract?

The Car Sale As Is Contract is specifically designed for vehicle transactions under German law where the seller wishes to transfer the vehicle in its current condition with limited warranties. This document is commonly used for used vehicle sales, particularly in private transactions or dealership sales of older vehicles. It includes essential elements required by German civil law (BGB), such as mandatory defect disclosures and ownership transfer provisions, while clearly establishing the "as is" nature of the sale. The contract is suitable for both private and commercial transactions, though certain provisions may vary depending on the parties involved. It's particularly important in Germany where consumer protection laws are strict and "as is" sales require careful documentation to be legally valid.

What sections should be included in a Car Sale As Is Contract?

1. Parties: Identification of seller and buyer with full legal names, addresses, and contact information

2. Background: Brief context of the sale and acknowledgment that the vehicle is being sold 'as is'

3. Definitions: Key terms used in the agreement, including 'as is' definition under German law

4. Vehicle Description: Detailed description of the vehicle including make, model, year, VIN, mileage, and current condition

5. Purchase Price and Payment: Agreed purchase price, payment method, and payment schedule if applicable

6. As Is Condition and Warranty Disclaimer: Explicit statement of 'as is' sale conditions and warranty limitations under German law

7. Known Defects: Disclosure of all known defects and current vehicle condition issues

8. Transfer of Ownership: Terms for transferring vehicle title and registration

9. Seller's Representations: Mandatory seller declarations regarding ownership, liens, and known major defects

10. Buyer's Acknowledgments: Buyer's confirmation of understanding the 'as is' nature and inspection opportunity

11. Completion of Sale: Requirements and process for completing the transaction

12. Governing Law: Specification of German law application and jurisdiction

What sections are optional to include in a Car Sale As Is Contract?

1. Insurance and Registration: Details about transfer of insurance and registration responsibilities - include when immediate transfer is part of the agreement

2. Inspection Period: Terms for any pre-sale inspection period - include when buyer requests inspection time

3. Payment in Installments: Payment schedule and terms - include when purchase price is not paid in full at signing

4. Export Provisions: Special provisions for export sales - include when vehicle will be exported

5. Intermediary Terms: Terms relating to any broker or dealer involvement - include when third party facilitates sale

6. Environmental Standards: Declarations regarding emissions and environmental compliance - include for newer vehicles or diesel engines

What schedules should be included in a Car Sale As Is Contract?

1. Vehicle Condition Report: Detailed report of vehicle's current condition including photographs

2. Service History: Documentation of maintenance and repair history

3. Vehicle Documents: List of all documents transferred with vehicle (registration, TÜV reports, etc.)

4. Known Defects List: Detailed list and description of all known defects

5. Handover Protocol: Document to be completed at actual transfer of vehicle

6. Previous Ownership Documentation: History of vehicle ownership and registration

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Use Agreement

Cost

Free to use
Relevant legal definitions
Relevant Industries

Automotive

Transportation

Fleet Management

Vehicle Leasing

Auto Parts and Service

Car Dealerships

Vehicle Export/Import

Insurance

Corporate Fleet Services

Automotive Finance

Relevant Teams

Legal

Sales

Compliance

Finance

Documentation

Risk Management

Vehicle Operations

Contract Administration

Business Development

Fleet Management

Relevant Roles

Sales Manager

Fleet Manager

Legal Counsel

Compliance Officer

Used Car Sales Representative

Vehicle Export Manager

Automotive Finance Manager

Contract Administrator

Business Development Manager

Risk Manager

Vehicle Assessment Specialist

Dealership Owner

Corporate Fleet Administrator

Documentation Specialist

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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