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BGH 12.03.2008, VIII ZR 253/05

A dewy BGH has it all. Responsible for the Sale of Eighth Civil Division of the Federal Court has further developed its case law, that a defect in a used vehicle already in the Property can be a car accident (§ 434 BGB). Judgement (

here is the link to the press release on the sides of the BGH

) discusses two practical aspects, which I summarize as follows: first The words "accident damage according to previous owner: No" when buying a used car from a car dealer is not a condition or warranty agreement, and thus unberheblich to the question of warranty. Rather, the question of a possible accident damage so simply remained open, the Supreme Court.

second A material defect is, however, already in the capacity of the vehicle as salvage. A corresponding agreement on quality (as accident-free) not necessary.

After the jurisdiction of the Senate, the buyer also purchase a used motor vehicle, if there are special circumstances to expect in terms of § 434 paragraph 1 sentence 2 No. 2 of the Code states that the vehicle has not suffered any accident, where there is more to come as "minor damage".

The entire case is well suited for a case to exercise warranty rights.