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As soon as the vehicle belongs to a company, you are a commercial seller. Here you can find tips and advice!
Gabriel Böhm is Director Strategy & Operations at truckoo, the digital platform that is redefining commercial vehicle trade in Europe. With a passion for innovation and efficiency, he shapes the strategic direction and drives operational excellence to connect sellers and buyers smarter, faster and more transparently.
We have summarized the most important aspects for you here. You'll find answers to the following topics:
The most important thing in advance: If you sell the truck to a private person, you cannot rule out liability. Specifically, you must give a statutory liability for material defects (liability for material defects means: the seller is liable for the fact that the truck sold does not have an unknown defect. This excludes age-related wear and tear). The warranty cannot be completely excluded by contract. At the same time, you must report sales tax (19%) and pay it to the tax office. In addition to the total price, the following must therefore be included on the invoice:
When you talk to the buyer, make sure you both have the same understanding of the price. With or without tax. However, if you sell the vehicle to another company, an input tax deduction is possible.
As I said, the warranty cannot be ruled out as a trader, but you can reduce the legal liability for material defects to one year. This must then be included in the contract. Damages that existed before purchase and were not communicated will then only have to be repaired for 12 months. You can phrase the clause like this:
“The legally required liability for material defects is reduced to a period of 12 months from the date of purchase. Claims for damages that intentionally or grossly negligently violate the seller's obligations are excluded. As well as claims arising from injury to health, life and body. ”
Unlike when selling to a private person, liability for material defects can be excluded when selling to another company or trade. However, this must also be stated in the contract. For example, a wording may read as follows: “The commercial vehicle with vehicle identification number XXX is sold to the exclusion of liability for material defects. Claims for damages that intentionally or grossly negligently violate the seller's obligations are excluded. As well as claims arising from injury to health, life and body. ”
If you want to sell your truck commercially, your purchase contract must meet all requirements. Otherwise, there is a risk of trouble after the sale. Here you can get a sample contract downloading and print it out.
In addition to information about the buyer and seller, the contract must also include all data about the vehicle: mileage, initial registration, previous owner and any damage are important. In addition to accessories, you should include all known defects and defects. If there is not enough space, an additional page can be added.
In our comprehensive guide, you will learn how to optimally prepare, value and sell your used truck — step by step.
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