Kaufvertrag Motorrad Gekauft Wie Gesehen

Willkommen in Deutschland! Planning to explore the country on two wheels? Buying a motorcycle can be a fantastic way to experience Germany's scenic routes, but it's essential to understand the legal aspects of purchasing a used motorcycle, especially under the "gekauft wie gesehen" (bought as seen) clause. This guide will walk you through everything you need to know.

Understanding "Gekauft wie Gesehen"

"Gekauft wie gesehen" is a standard clause in private used vehicle sales in Germany, including motorcycles. It essentially means that the buyer purchases the motorcycle in its current condition, with all its visible and known defects, at the time of purchase. This clause significantly limits the seller's liability for defects discovered after the sale. However, it doesn't absolve the seller of all responsibility.

What "Gekauft wie Gesehen" Really Means

Think of "gekauft wie gesehen" as a statement acknowledging that you, the buyer, have had the opportunity to thoroughly inspect the motorcycle and are accepting it in its present state. It’s a common practice, especially in private sales, as it protects the seller from being held responsible for minor, pre-existing issues that you could have identified before buying. It doesn't mean you're buying a lemon with hidden catastrophic failures, though.

Important: This clause only applies to obvious or disclosed defects. The seller is legally obligated to disclose any known significant defects that could affect the motorcycle's safety or its ability to pass the TÜV (Technischer Überwachungsverein – the German vehicle inspection authority). Hiding such defects is considered fraud (arglistige Täuschung), and the "gekauft wie gesehen" clause becomes invalid.

Before You Buy: Inspection is Key

Since the "gekauft wie gesehen" clause places a large responsibility on the buyer, a thorough inspection is absolutely crucial. Don't rush the process! Here's a checklist to guide you:

• Visual Inspection: Start with a complete walk-around. Look for signs of rust, damage (dents, scratches), and repairs. Pay close attention to the frame, suspension, and wheels.
• Engine Check: Start the engine and listen for any unusual noises. Check the exhaust for excessive smoke. Let the engine run for a few minutes to see if it overheats or stalls.
• Fluid Levels: Check the oil, coolant, brake fluid, and clutch fluid levels. Look for leaks around the engine, transmission, and brake calipers.
• Tires: Inspect the tire tread depth and sidewalls for cracks or damage. Check the tire pressure.
• Brakes: Test the brakes to ensure they are responsive and effective. Look for signs of brake fluid leaks.
• Lights and Electrics: Test all lights (headlights, taillights, brake lights, turn signals) and the horn.
• Chain/Belt: Check the condition of the chain or belt, sprockets or pulleys, and adjusters.
• Test Ride: Absolutely essential! Take the motorcycle for a test ride to assess its handling, acceleration, braking, and overall performance. Pay attention to the gear changes and clutch operation.
• Paperwork: Verify that the motorcycle's documents (Fahrzeugbrief - vehicle registration document, and Fahrzeugschein - vehicle registration certificate) match the motorcycle's Vehicle Identification Number (VIN). Check for valid TÜV and AU (Abgasuntersuchung - emissions test) certificates.

Consider a Professional Inspection: If you are not mechanically inclined, consider hiring a qualified mechanic to inspect the motorcycle before you buy. This may cost you a bit of money, but it can save you a lot more in the long run by identifying potential problems you might have missed.

The Purchase Contract (Kaufvertrag)

A written purchase contract is essential, even in private sales. It protects both the buyer and the seller. You can find standard purchase contract templates online (search for "Kaufvertrag Motorrad gebraucht Vorlage"), but make sure it includes the following:

• Details of the Buyer and Seller: Full names, addresses, and contact information.
• Description of the Motorcycle: Make, model, year of manufacture, VIN, mileage, and registration number.
• Purchase Price: The agreed-upon price in Euros.
• Payment Method: How the payment will be made (e.g., cash, bank transfer).
• Transfer of Ownership: The date of ownership transfer.
• Warranty: Explicitly state that the motorcycle is sold "gekauft wie gesehen" (bought as seen).
• Disclosed Defects: Crucially, list any known defects that the seller has disclosed. This protects you if the seller later claims they didn't know about a specific issue. Be specific! Instead of writing "scratches," describe the location and size of the scratches.
• Exclusion of Warranty: A statement excluding any further warranty beyond the "gekauft wie gesehen" clause.
• Signatures: Both the buyer and seller must sign and date the contract. Each party should retain a copy.

Important: Ensure the purchase contract is written in German if that is the language spoken between you and the seller. If not, have it translated by a certified translator.

What Happens After the Sale?

Once you have purchased the motorcycle and have the signed purchase contract, you need to:

• Insurance: Obtain motorcycle insurance (Motorradversicherung) immediately. You cannot legally ride a motorcycle in Germany without insurance.
• Registration: Register the motorcycle in your name at the local vehicle registration office (Zulassungsstelle). You will need the following documents:
  • Your passport or ID card
  • The Fahrzeugbrief (vehicle registration document)
  • The Fahrzeugschein (vehicle registration certificate)
  • Proof of insurance (eVB-Nummer)
  • The purchase contract
  • Your residence permit (if applicable)
  • A valid TÜV certificate
  • Bank details for tax collection (SEPA-Lastschriftmandat)
• Enjoy your Ride! Once you've completed the registration process, you're ready to explore Germany on your new motorcycle.

When "Gekauft wie Gesehen" Doesn't Apply

As mentioned earlier, the "gekauft wie gesehen" clause is not absolute. There are situations where the seller remains liable, even with this clause in the contract:

• Hidden Defects (Arglistige Täuschung): If the seller intentionally concealed a significant defect that they knew about, the "gekauft wie gesehen" clause is invalid. You may be able to claim damages or even rescind the purchase contract.
• Guaranteed Characteristics (Garantierte Eigenschaften): If the seller explicitly guaranteed certain characteristics of the motorcycle (e.g., "the engine was completely rebuilt last year" or "the motorcycle is Unfallfrei (accident-free)"), and these characteristics prove to be false, you may have a claim. This guarantee needs to be in written form within the sales contract!
• Consumer Protection Laws: If you purchase the motorcycle from a commercial dealer (Händler) rather than a private individual, consumer protection laws apply. These laws typically provide greater protection to the buyer and limit the dealer's ability to exclude liability for defects.

What to Do If You Discover a Problem

If you discover a defect after the sale and you believe the seller was aware of it but did not disclose it, you should:

1. Document the Defect: Take photos and videos of the defect and gather any evidence that supports your claim that the seller knew about it.
2. Notify the Seller: Inform the seller of the defect in writing (ideally by registered mail - Einschreiben) and give them a reasonable opportunity to inspect the motorcycle and offer a solution.
3. Seek Legal Advice: Consult with a lawyer specializing in vehicle law (Verkehrsrecht). They can advise you on your legal options and help you navigate the legal process.

Important: Act quickly! There are time limits (Verjährungsfristen) for making claims in these situations. Generally, you have a limited timeframe to file a claim, often within a year of discovering the defect. Consult with a lawyer to determine the specific time limit applicable to your situation.

Final Thoughts

Buying a used motorcycle in Germany can be a rewarding experience. By understanding the "gekauft wie gesehen" clause, conducting a thorough inspection, and using a well-drafted purchase contract, you can minimize your risks and enjoy the open road. Remember, due diligence and transparency are key to a successful transaction. Gute Fahrt! (Have a good ride!)