Posts tagged #used car
All PostsOGH on Exclusion of Warranty for Used Cars
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified whether consumers who sell a second-hand car are also responsible for the roadworthiness and operational safety of the car. In 2019, the plaintiff bought a car over ten ...
OGH on Warranty Exclusion in Used Car Sales
Civil LawSigns of wear and tear in accordance with the age and mileage of a vehicle must be expected by the buyer of a used car. Nevertheless, the vehicle should be in a condition which the market would normally expect. In 2021, the defendant offered his car ...
OGH: Avoidability Based on Mistake after Purchase of Damaged Car
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on the avoidability of a purchase contract based a breach of the duty of information. The scope of the duty to inform depends on the subject of the contract and a buyer’s p...
Used Car Purchase from Dealer Is Safest Choice, says OGH
Civil LawBuying a used car can be a tricky business. Sometimes cars are not offered by the real owner, and the risk of the owner demanding their car back is high. But now the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) is backing those who ...
OGH: Duplicate certificate of conformity as an hitch to good faith
In its case law, the Supreme Court (Oberster Gerichtshof, OGH) handled the question of whether and, if so, to what extent the commercial purchaser of a used vehicle can act in good faith due to the existence of a mere duplicate certificate of conform...
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