Sell a truck legally safe: contract, liability

A truck is not a wheelbarrow – why preparation is everything

Anyone who wants to sell a used truck has to do more than with a private car. Buyers, whether commercial or private, expect clear information about the condition. A vague description such as “runs well” is not enough.

It is best to draw up a list:

• Is the truck still registered?
• When was the last general inspection (Hauptuntersuchung, HU – the German roadworthiness test, usually carried out by TÜV or DEKRA)?
• Are there any known defects – brakes, electrics, hydraulics?
• What does the maintenance history look like?

The more precisely you can answer, the fewer follow-up questions – and the faster the truck sale goes through.

The purchase contract: your shield when selling

Never sell a truck without a written contract – that should go without saying. And yet it happens again and again. A solid purchase contract is the foundation of a legally secure sale.

What absolutely has to be in it:

• Exact vehicle data (including the vehicle identification number)
• Description of the condition (including defects)
• The precise price
• A clause on liability for defects (ideally: “sold as inspected, liability for defects excluded…”)
• Date and time of handover

Tip: when selling abroad it can make sense to have an English version of the contract to hand as well – depending on the buyer's country.

Handover: document it properly, close it properly

Selling a truck is not only about the money. The handover is a critical moment. Make sure everything is documented – from handing over the keys to handing over the papers. Take photographs and note the mileage and the condition at handover.

What you should hand over:

• Registration certificate part I and part II (Zulassungsbescheinigung Teil I und II, the German vehicle registration documents)
• TÜV or DEKRA inspection reports
• Service and maintenance booklet (if available)
• An invoice or a receipt, depending on the buyer
• The number plates (if the truck has not been deregistered)

One more thing: deregistering the truck beforehand is often the better option. It saves you trouble with traffic offences committed after the sale.

Selling commercially? Then different rules apply

If you sell trucks regularly or as a business, different standards apply. The key words are liability for defects, tax and invoicing. Watch out for:

• Stating VAT (Umsatzsteuer) correctly
• Commercial liability
• Export rules for sales to other EU countries or to non-EU countries

With commercial truck sales in particular it is advisable to take legal advice – from a specialist lawyer or a tax adviser, for example.

Common mistakes when selling a truck – and how to avoid them

1. Concealing defects – this almost always backfires.
2. Selling without a contract – a problem as soon as something goes wrong.
3. No clear agreement on the price – a recipe for misunderstandings.
4. Unclear information on VAT – a common stumbling block, especially for companies.
5. No handover documentation – it is hard to prove who handed over what, and when.

Conclusion: sell your truck with your head – and without risk

Whether you run a haulage firm, a construction company or a fleet – if you want to sell an old truck or take a vehicle out of the fleet, you should be prepared. A legally watertight process saves nerves, time and, in case of doubt, money.

In short: document everything properly, stay honest, don't forget the contract – then things will work out with the buyer too.

More guides

Documents for selling a truck · Typical problems when selling · VAT on truck sales · free truck valuation