Kaufvertrag Engl 2015 V1 33250

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This translation is for your information only. Please complete and sign the German sales contract!

ADAC Second-hand Car Sales Contract


(private sale)
Important:
Please note that the legal provisions on warranty for defects in Germany
were amended on 1 January 2002. The contract below only applies to
the private sale of a used car. The exclusion of warranty below will be
invalid, if a person sells a car on a commercial or business basis.

Caution: In addition to commercial car dealers, this also includes for


instance tradespeople, physicians or architects selling their vehicle used
mainly for business purposes.

Important notes for the seller:


Have the car checked by ADAC. Your car will sell better if you can provide
an inspection report. Contact your local ADAC office for the nearest
inspection centre or ADAC-appointed automotive engineer assessor, or go
to www.adac.de.
Ensure that the buyer has full legal capacity, i.e. is over 18.
Check whether the buyer holds the required driving licence if he/she wants
to test drive the car.
Complete the Sales Contract forms and the attached sales notifications
with the buyers full name and address. Compare the data with the buyers
identity card or passport. Enter the identity card or passport number and
the issuing authority in the Sales Contract.
Ensure that the contract includes any information on defects or damage
to the car, particularly those due to an accident. According to German court
practice the seller must disclose, unasked, also minor accident d amage.
In cases of doubt you can seek legal advice from ADAC (see info below).
If possible, stipulate that the full purchase price shall be paid in cash on
the delivery/collection of the car. Problems may arise where deferred or
instalment payment is granted or payment is made by cheque.

Under applicable laws, insurance cover will automatically be transferred to


the buyer upon purchase of the vehicle.
Any damage arising from an accident caused by the buyer after vehicle
handover will therefore not affect the sellers no-claims bonus, even if the
change of ownership has not been registered.
Send the fully completed (!) sales notification to the vehicle registration
office and the insurance company without delay. Vehicle tax liability
will only pass to the buyer the moment the registration office receives
the sales notification. Keep copies of the sales notification.
If the buyer fails to notify the change of ownership, you may be liable for
renewal payment of the vehicle tax and insurance premium.
If in doubt, you should follow our advice:

 o with the buyer to the registration office and have the change of
G
ownership registered, or

h ave the vehicles registration cancelled temporarily (in which case the
buyer will need temporary plates or customs plates when collecting the
vehicle) before you hand over the car to the buyer. This applies in
particular where the buyer cannot prove residence in the Federal Republic
of Germany.

Hand the cars Part II Registration Certificate over to the buyer only after
receiving full payment of the purchase price.

If you have problems when buying or selling a second-hand car: ADAC members receive free legal advice from ADAC lawyers or one of the approx.
630 self-employed, ADAC-appointed lawyers near their place of residence in all vehicle, road-traffic and travel-related matters. Contact and information:
ADAC local offices, ADAC service hotline: 08005101112 (MonSat, 08:0020:00 hrs, free of charge) or at www.adac.de/rechtsberatung.
For technical advice, please contact the experts at your ADAC regional club.

Important notes for the buyer:


Request that the vehicle be inspected by ADAC and ask for the presen
tation of an inspection report or carefully check and test drive the vehicle.
Check all details of the vehicles registration documents. In the case of
an EU import vehicle, request the EU Certificate of Conformity (CoC).
Request the presentation of a written authorisation to sell and identification of the person acting on the car owners behalf if the owner is not
available in person to handle the sale. Take down the address of the person
acting on the car owners behalf.
Ensure that additional equipment and accessories are detailed in the
contract (if necessary, use an extra sheet signed by both parties).
The insurance cover taken out for the vehicle (third party only or Casco) will
be transferred to you with the purchase.
Check whether the insurance company covering the car offers acceptable
premiums and decide whether or not to maintain such cover. You can also
sign a new policy.
Have the vehicle registered in your name without delay at your local
registration office (at your place of principal residence).

You will likely need the following documents:

Part I Registration Certificate

Part II Registration Certificate

Certificate of the last mandatory vehicle test

Confirmation of insurance (cover note)

Identity card or passport and residence certificate

Number plates

SEPA direct debit mandate for vehicle tax

If you do not call at the registration office in person, your authorised representative must have a written power of attorney. When applying to register
the vehicle, your representative must present his/her identity card/pass
port and your identification document (forms available at www.adac.de).

ADAC Second-hand Car Sales Contract (private sale)

This translation is for your information only.


Please complete and sign the German sales contract!

Please note that both contract forms and sales notifications must be completed identically and signed both by the buyer and the
seller if any section of the contract cannot be answered, indicate unbekannt (unknown).

Seller (private Person):

Buyer:

Last name, first name

Last name, first name

Street

Street

Post code

Place

Post code

Place

Date of birth

Phone

Date of birth

Phone

Identity card or passport no. + issuing authority

Vehicle:

Make

Identity card or passport no. + issuing authority


Type

Part II Registration Certificate no.

Total purchase
price:

Registration no.

Vehicle Identification Number

Next mandatory vehicle test

First registration on

In words

Exclusion of warranty: The vehicle is sold without any warranty. Warranty cannot be excluded for damage caused by the sellers or his/her
vicarious agents gross negligence or deliberate breach of duty and for personal injury. The seller assigns any warranty claims against
third parties to the buyer.

I. Sellers representations:

2. The seller represents:

1. The seller warrants:

Buyers copy

1.1. that he/she is the legitimate owner of the vehicle and all additional
equipment and accessories.
1.2. that the vehicle is fitted with the following additional equipment or
accessories:

2.1. that before the sellers ownership, the vehicle, to the best of
his/her knowledge and belief, has had

no accident damage

the following damage only

no other damage

2.2. that the vehicle, to the best of his/her knowledge and belief,
is equipped with

1.3. that the vehicle, while owned by the seller, has had
no accident damage

no other damage (e.g. hail damage)

the following damage or accident(s) (number, type and extent)

not specified

the original engine


another engine (new or used replacement engine)
2.3. that the vehicle, to the best of his/her knowledge and belief,
was not used commercially

was used commercially (e.g. taxi, rental car, driving school vehicle)

2.4. that the vehicle total mileage, to the best of his/her knowledge
and belief, amounts to ________________ kilometres
2.5. that the vehicle, to the best of his/her knowledge and belief,
has had ________ (number) registered owners (seller included).
2.6. that the vehicle, to the best of his/her knowledge and
belief, is an import (from an EU or non EU country)

yes

no

3. An ADAC inspection report is available

yes

no

II. Buyers representations:


1. The buyer undertakes to register the vehicle in his/her own name without
delay.

2. The buyer acknowledges that the seller will remain the owner of the vehicle
until the purchase price is fully paid.

III. Additional agreements:


Place / date
Sellers signature

Buyers signature

The buyer confirms receipt of


the vehicle registration certificates (parts I and II) and the latest
mandatory vehicle test certificate

the ADAC inspection report


if the vehicle is an EU import: the EU Certificate of Conformity (CoC),
where applicable

the vehicle with ____________ keys


Place / date / time

Buyers signature

The seller confirms receipt of


a down payment of __________________

the purchase price


Place / date / time

Sellers signature

Please tick/fill in as appropriate

ADAC Legal Department 2015 Copyright reserved

ADAC Second-hand Car Sales Contract (private sale)

This translation is for your information only.


Please complete and sign the German sales contract!

Please note that both contract forms and sales notifications must be completed identically and signed both by the buyer and the
seller if any section of the contract cannot be answered, indicate unbekannt (unknown).

Seller (private Person):

Buyer:

Last name, first name

Last name, first name

Street

Street

Post code

Place

Post code

Place

Date of birth

Phone

Date of birth

Phone

Identity card or passport no. + issuing authority

Vehicle:

Make

Identity card or passport no. + issuing authority


Type

Part II Registration Certificate no.

Total purchase
price:

Registration no.

Vehicle Identification Number

Next mandatory vehicle test

First registration on

In words

Exclusion of warranty: The vehicle is sold without any warranty. Warranty cannot be excluded for damage caused by the sellers or his/her
vicarious agents gross negligence or deliberate breach of duty and for personal injury. The seller assigns any warranty claims against
third parties to the buyer.

I. Sellers representations:

2. The seller represents:

1. The seller warrants:

Sellers copy

1.1. that he/she is the legitimate owner of the vehicle and all additional
equipment and accessories.
1.2. that the vehicle is fitted with the following additional equipment or
accessories:

2.1. that before the sellers ownership, the vehicle, to the best of
his/her knowledge and belief, has had

no accident damage

the following damage only

no other damage

2.2. that the vehicle, to the best of his/her knowledge and belief,
is equipped with

1.3. that the vehicle, while owned by the seller, has had
no accident damage

no other damage (e.g. hail damage)

the following damage or accident(s) (number, type and extent)

not specified

the original engine


another engine (new or used replacement engine)
2.3. that the vehicle, to the best of his/her knowledge and belief,
was not used commercially

was used commercially (e.g. taxi, rental car, driving school vehicle)

2.4. that the vehicle total mileage, to the best of his/her knowledge
and belief, amounts to ________________ kilometres
2.5. that the vehicle, to the best of his/her knowledge and belief,
has had ________ (number) registered owners (seller included).
2.6. that the vehicle, to the best of his/her knowledge and
belief, is an import (from an EU or non EU country)

yes

no

3. An ADAC inspection report is available

yes

no

II. Buyers representations:


1. The buyer undertakes to register the vehicle in his/her own name without
delay.

2. The buyer acknowledges that the seller will remain the owner of the vehicle
until the purchase price is fully paid.

III. Additional agreements:


Place / date
Sellers signature

Buyers signature

The buyer confirms receipt of


the vehicle registration certificates (parts I and II) and the latest
mandatory vehicle test certificate

the ADAC inspection report


if the vehicle is an EU import: the EU Certificate of Conformity (CoC),
where applicable

the vehicle with ____________ keys


Place / date / time

Buyers signature

The seller confirms receipt of


a down payment of __________________

the purchase price


Place / date / time

Sellers signature

Please tick/fill in as appropriate

ADAC Legal Department 2015 Copyright reserved

This translation is for your information only.


Please complete and sign the German sales contract!

Please notify the vehicle registration office and your insurance company without delay of the sale of your vehicle, indicating
of the data below. Simply cut out the two forms, fill them in and glue them to the back of a postcard or put them in an envelope.

Sales notification and confirmation of receipt pursuant to 13 IV FZV


(German Vehicle Licensing Regulation)
Last name, first name of seller, address

To the vehicle registration


office

This is to notify you of the sale of my vehicle


Registration number

Make

Vehicle Identification Number (VIN)

Type

to (please fill in completely):


Last name, first name of buyer

Identity card/passport no.

Street
Post code

Place

Country
Sellers signature

Place / date

Upon delivery of the vehicle


Date of delivery

Hours

the buyer confirms receipt of (please tick as appropriate):


Part II
Part I
Registration Certificate Registration Certificate

Vehicle test certificate

Place / date

Buyers signature

Last name, first name of seller

Motor vehicle policy number

The vehicle
Registration number

To the insurance
company

Make

Type

Vehicle Identification Number (VIN)

was sold to

(please fill in completely)

Last name, first name of buyer


Street
Post code

Place

Country

and delivered
Date of delivery

Hours

Place / date
Buyers signature

Sellers signature

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