Sold my car in Berlin - need advice

14 posts in this topic

Hi all, 

I've been living in Germany nearly 5 years, and just moved in the last month to Berlin. I decided to sell my car, as I no longer needed it.

I advertised it on eBay, with evidence of full service history since I bought the car new in 2015. The Tüv was due in April, but someone bought it before I did the TÜV. 

Now this guy is saying that it would not pass the AU/TÜV because of a computer problem (Code P22D2) I have called Smart and checked with them, but they have not heard of this fault code. 

When I sold the car, I did do a contract to say that the car was being sold and inputted all of the new owners information onto the contract. Now this guy is saying that the car won't pass the TÜV because of this problem code, and is saying that he wants his money back to return the car, or me to pay for the repairs. Where do I stand on this as I of course want nothing more to do with the car as I sold it all above board with a full service history. Am I obliged to pay for the repairs or have the car back? 

Thanks in advance for your answers!

Cheers, Kev 

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Can't be of much help here because all I know about cars is that they are great when they work properly, but I have managed to find out what the error is:

http://obdii.pro/en/code/P22D2

 

- it might be an idea to make a couple of phonecalls to see what it might cost to have fixed.

On the other hand, if the contract you made with the purchaser said anything along the lines of "bought as seen", then it's not your problem!!!

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Yes the contract stated "sold as seen"...but just wanted to make sure that I was full above board to say that it is the new owners place to sort out, as, as I said in my earlier post, the TUV was due in April, and the car passed all inspections with the last one being in December. 

No idea why they didn't know what the code was...I.was sure to double check with him to make sure I understood him right. 

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Google tells us the code means  Turbocharger (TC) inlet valve - valve stuck open. And this is 

Generic (Common for all car manufacturers):

Car was "sold as seen", even if it was on fire when he bought it, he bought it as seen.

Tell him to take a hike. 

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Agreed. When there is an "as is" clause in the contract you are not responsible unless at the most if the buyer can prove that you knew about hidden problems with the car and didn't tell him. It would be extremely hard to prove that you knew there was something wrong if you didn't.

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I have the opposite problem here. Long story but I really need help on it.

I saw car I like on ebay and contacted the seller via the app asking for a test drive. When I got to private seller, he informed me that the car was not registered and could only drive the car around a parking lot beside him. Car ran good, engine, brakes and clutch all smooth (car is 18 years old). Few thing we found like the button for window on passenger side not working. The advert showed some rusting and the owner said it is not gone through so only superficial. Man said he was sorry to let car go but he has wife and young kids and can't afford to do it up

 

After some haggling, I decide to buy the car and returned a few day later to get the paper and register. The guy I was talking to, it was his wife that owned it. She gives me paper and a contract which has "bought as seen". I did all the necessary registration and filled up the car (there was very little petrol in it). When I got home, the car smelled of petrol so I thought maybe I put the cap on wrong. Drove car to work next day and smell is still there so arrange to take car the next day to my mechanic for check. In the meantime I find that the oil level is low and the passenger door only opens randomly. So after 2 days driving my mechanic finds that the top of the petrol tank is rusted through, hence the leak and smell, the axel is defect and there is a ton of grease on te brake disk. Also someone had badly welding up under the car wheels.

 

I told the buyer about this and he said he didn't know and would never have sold the car if he did. He also said as he drove alone he never checked the passenger car door side. Told me he would contact me again in a few days. I found this in the contract so thought everything was ok:

From ADAC contract: https://www.adac.de/-/media/adac/pdf/jze/kaufvertrag-englische-version.pdf

 

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

 

 

The car is not safe to drive at all although it still have 1 year TÜV left (guy got the car at end of 2018 after TÜV was done). Got a message yesterday said he will not take the car back and to contact his lawyer.

Do I have any rights here? The "bought as seen" surely is void based on the fact I couldn't have seen that the brake pads were full of grease or that the tank was leaking if there was no petrol in car.

 

 

 

 

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What do you expect from a 18 year old car?

You are not a child anymore.

When you sign a contract, it is binding!

Why didn't you get red plates and drive the car to you mechanic to check it.

If you would have checked the car you would have seen" that the brake pads were full of grease".

 

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Only commercial sellers are bound to give warranty, a private seller is allowed to put "Sold as seen" in the contract.   This is totally normal when selling old cars.  Who is going to give 1 year warranty on an 18 years old car?

 

And that's the reason dealers do not sell old cars, normally.

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37 minutes ago, Siobhan B said:

The "bought as seen" surely is void based on the fact I couldn't have seen that the brake pads were full of grease or that the tank was leaking if there was no petrol in car.

No.

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You bought it as is and you could have brought a mechanic.  That said, you can try filing a report for fraud and see where it goes. It's hard to prove that he knew about the problems and duped you though. Check on eBay if he's selling other cars. If he's a backyard dealer, it may be handled differently. A friend bought a car privately through eBay and the guy had a handful of old cars he was selling. Also deregistered, no way to really test drive. The engine died within 2 weeks, he filed a report and eventually the guy had to repay him the money 

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Siobhan, sorry to hear of your lemon purchase. The fact that you could not see brake pads or other inner workings is a reason to get a mechanic to check the car before you sign/ pay.

You would need to have proof that seller knew of the problems.

When you buy cheap, expect problems.

 

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11 hours ago, AnswerToLife42 said:

Why didn't you get red plates and drive the car to you mechanic to check it.

If you would have checked the car you would have seen" that the brake pads were full of grease".

 

Do you not need to have part 1 and 2 of the car papers to get red plates? And i was not informed before that car was not registered. Yes I am stupid to buy a car based on what seller told me but it is not deception if he didn't fill tank so I couldn't see this fault? 

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7 hours ago, Siobhan B said:

Do you not need to have part 1 and 2 of the car papers to get red plates? And i was not informed before that car was not registered. Yes I am stupid to buy a car based on what seller told me but it is not deception if he didn't fill tank so I couldn't see this fault? 

 

My dad had a car that had this part rusted through and you could definitely see something leaking every time you got gas.  I would definitely say it's deception but a question if it's worth going to court and trying to prove it.  However, filing a report with the police is a good start.  First investigate used car ads though if you find the same phone number selling other cars.  If you do, you can argue that he is a dealer and should have given you guarantee.  Even if he's not a dealer, you can still say he knew about the problem and didn't tell you.  Maybe the police will talk to him.  If he's trying this for the first time, he might get scared and take the car back.  If he's doing this all the time, he might maintain that he didn't know anything and gamble that you wont take it further.

 

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