Buying a Car Privately vs. From a Dealer
In Germany this is mainly a legal question, not a price question. Your rights are completely different depending on who sells you the car.
Buying from a dealer
A commercial seller owes you Sachmängelhaftung — statutory liability for defects that existed at handover. For used cars this can be reduced to one year, and nearly every dealer does so. For the first twelve months the burden of proof is on the dealer: if something fails, they must show it was fine when they sold it.
- One year of statutory liability, minimum
- Often a paid Garantie on top (a separate insurance product — read the exclusions)
- Can handle registration, part-exchange and finance
- Typically €1,000–3,000 more expensive
Buying privately
A private seller can and will exclude all liability. The phrase in every private Kaufvertrag is some version of "gekauft wie gesehen unter Ausschluss jeglicher Gewährleistung". That exclusion is legal and binding.
The trap: a dealer pretending to be private
Some traders sell privately to escape liability. Warning signs: several cars in the same ad history, a meeting point that is not a home address, no interest in your name for the contract, and a pre-printed contract. If you suspect it, say so — a genuine private seller will not care, and a trader will get nervous. Courts side with buyers here when it can be shown.
Which to choose
| Situation | Better route |
|---|---|
| Car over 10 years old, under €5,000 | Private — the premium buys little |
| €10,000–25,000, you are not technical | Dealer — one year of liability is worth real money |
| You want a specific rare spec | Private — more choice |
| Financing or part-exchanging | Dealer |
| Nearly new, under 3 years | Brand programme — inspected and warrantied |
Always write a contract
Use the ADAC or mobile.de Kaufvertrag template. Record the VIN, mileage, date, both names and addresses, the price, and — importantly — any accident damage declared. A seller who ticks "unfallfrei" in writing has made a statement you can hold them to.