I recently sold my car in Switzerland to a private buyer. One week after the buyer informed me that he made a few visits to the service and had to replace some parts, not sure what exactly, and he demands some money back from what he paid on the car to account for the unexpected repairs.
I was not aware of any urgent repairs and the car was running perfectly for me before I sold it. When he gave me the money I wrote a basic contract stating that I am selling the car, model, reg, km for the given price and we both signed.
Recently I found out that when you buy an item in Switzerland there is a "default" 2 year warranty and this might apply to cars unless you state not to in the contract: https://www.kmu.admin.ch/kmu/de/home...ungsfrist.html
Is anyone aware of this or has encountered a similar situation? Does this mean that he can do whatever repairs he wants, ask for money and even sue me if I don't give it.
I'm not an expert in this area but I would assume that the buyer would first need to contact you if there are any defects and then agree to a solution for fixing them.
generally, it is best to exclude any warranty explicitly in the contract.
Thanks, yes it's always best to exclude but I wasn't aware of that.
He didn't contact me before and only after when he paid already 14000 chf. Also I don't think those repairs were a must, after all you can always put money into a car, especially a 10 year old one.
As you said 2 years of warranty is the default in case you did not reduce or exclude it. The law also specifies also how to proceed in case of a defect.
Please read it. I linked the English version for your convenience. It is also available in other languages:
The Rumantsch and English version are inofficial and for information purposes only. If in doubt consult the German, French, or Italian version which are mutually official ones.
I believe there is, unless stated as is in the contract, a 30 day unwritten guarantee on used cars. But to what extent is beyond my knowledge. What exactly was required?
Art. 200 B. Seller's obligations / III. Warranty of quality and fitness / 3. Defects known to the buyer
3. Defects known to the buyer
1The seller is not liable for defects known to the buyer at the time of purchase.
2He is not liable for defects that any normally attentive buyer should have discovered unless he assured the buyer that they do not exist.
So basically, anything cosmetic / visible, is excluded.
Similarly, if they did a test drive, anything audible is excluded.
and also:
Art. 197 B. Seller's obligations / III. Warranty of quality and fitness / 1. Object of the warranty / a. In general
III. Warranty of quality and fitness
1. Object of the warranty
a. In general
1The seller is liable to the buyer for any breach of warranty of quality and for any defects that would materially or legally negate or substantially reduce the value of the object or its fitness for the designated purpose.
So if it was something normal for a vehicle of that age, or normally requiring replacing (e.g. brake pads) and therefore not "substantially" affecting the value, then that would be excluded unless you incorrectly told them they were OK.
It only includes things broken at the time of fulfillment of the contract. Anything broken due to wear and tear after the contract is signed is excluded. Also anything which the buyer was aware that it is defect is excluded. Additionally anything maintenance related is excluded.
Furthermore, the process how to proceed in case a defect is found is as such:
Seller has to be informed about defect. Buyer can (unless the contract says otherwise) decide to either cancel the contract or claim compensation for the reduced value of the goods (but only up to the sales price).
I actually was on the receiving end of buying a used car privately that had major problems (eg. needing a new engine) after approx 2 weeks. As we didn't have a contract excluding any warranty, he should have been somewhat liable, especially as I suspected in the end that he knew something about the potential problems.
At the time I didn't have legal insurance, and as the seller was refusing to budge, I was unable (financially) to do anything about it. Ended up 10k out of pocket.
Thanks so much! This means that the repairs done so far, worth 1400 francs, are not my problem since I was not informed before but it remains to be seen for things that happen in the future. Excluding wear and tear very few things remain.
I am not sure if you are of the hook regarding this repairs. In Germany it would be true, because the obligation to perform the repair is with the seller. But the law in Switzerland it just says that the buyer can negotiate a compensation. How much that is is up to buyer and seller and if no agreement is reached with the court.
I do not know for how much you sold the car. But maybe the CHF 1400 are acceptable, specially when you also get a statement that with paying that amount all current and future obligations regarding warranty have been fulfilled once and for all. It could also be that a much lower amount like CHF 500 would be just and fair. It all depends on the overall value, condition of the car and what actual work had to be done.