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The flat-naming "many shortcomings" in the sales contract for a used car is not sufficient for a trader to deny a later warranty. This is evident from a judgment of the Court of Appeal Brandenburg (OLG Az .: 4 U 20/12).
In the treated case a buyer had purchased southern auto auction a VW Polo for 6,000 euros. The purchase agreement was noted by the Merchant: "The car is extremely worn, it has many shortcomings and probably only a short residual life, rust damage because of the model year are available, all components are defective, thus the vehicle is only conditionally ready to drive."
After one and a half years found the buyer that the car is not accelerated. southern auto auction An expert attributed this to the high wear on the engine. The buyer asked by the dealer a defect is rectified, but he refused.
Erroneously, as the court ruled. The clause was an impermissible exclusion of warranty because it was formulated much too sweeping, citing the German lawyer hotline with the judgment. To exclude receivables from customers, the dealer would have to describe in detail southern auto auction the familiar shortcomings. (Sp-x)
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