Buying privately or from a dealer: the difference for your rights
The core difference is legal: from a dealer you get at least 1 year of statutory warranty plus 12 months of reversed burden of proof, while a private seller may exclude liability for defects entirely. Private offers are often cheaper in return. If you want certainty, buy from a dealer; if you buy privately, inspect twice as carefully.
As of: July 2026
What is the difference between private and dealer purchase?
From a dealer you get at least 1 year of warranty, 12 months of reversed burden of proof and, for pure online purchases, a 14-day withdrawal right. In a private sale the liability for defects is usually validly excluded and there is no withdrawal right; prices are often lower in return, as no warranty risk is priced in.
| Warranty | Dealer: at least 1 year, cannot be excluded | Private: fully excludable |
| Burden of proof | Dealer: 12 months in favour of the buyer | Private: void with exclusion |
| Withdrawal right | Dealer: 14 days for pure online purchase | Private: none |
| Price level | Dealer: usually higher | Private: usually lower |
Is the clause "sold as seen" valid?
In a private sale in principle yes, but only for defects a layperson could spot at the viewing. Hidden defects are not covered by the clause, and with fraudulently concealed damage or assured properties such as "accident-free" the exclusion is void. Dealers may not use such a clause towards consumers at all.
May a private seller exclude the warranty?
Yes, validly and commonly: private sellers may fully exclude liability for defects in the purchase contract, and common templates already contain the clause. The exclusion ends, however, with fraudulent concealment of a defect and with assured characteristics. A dealer may not exclude towards private buyers, only reduce to 1 year.
What does a sale "on behalf of a customer" at a dealer mean?
Careful: if a dealer sells a car "on behalf of a customer", legally the private previous owner is your contract partner, not the dealer. That removes the dealer warranty, because the private seller may exclude liability for defects. The setup often serves exactly this liability avoidance; check the contract closely for who acts as seller.
General information without guarantee, no legal advice for individual cases. Fees and procedures vary by registration office and insurer.