The Used Car Sales Agreement is a vital legal document used in Austria for transferring ownership of pre-owned vehicles between parties. It is designed to comply with Austrian legal requirements, including the ABGB, KSchG, and relevant vehicle regulations. This agreement is essential for both private sales and commercial transactions, providing a structured framework for documenting the sale terms, vehicle condition, warranties, and transfer procedures. It protects both buyers' and sellers' interests by clearly stating the vehicle's condition, price, payment terms, and any warranties or disclaimers. The document is particularly important given Austria's specific requirements for vehicle transfers and consumer protection, especially when dealing with commercial sellers. It should be used whenever a used vehicle is being sold, whether between private individuals or involving commercial dealers, and can be adapted to various transaction types while maintaining compliance with Austrian legal requirements.
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1. Parties: Identification of seller and buyer with full legal names, addresses, and contact details
2. Background: Brief context of the sale and confirmation that the seller owns the vehicle
3. Definitions: Key terms used throughout the agreement
4. Vehicle Details: Comprehensive description of the vehicle including make, model, year, VIN, registration number, mileage, and condition
5. Purchase Price and Payment: Agreed purchase price, payment method, and payment schedule
6. Seller's Representations: Seller's declarations regarding vehicle ownership, condition, accidents, modifications, and outstanding liens
7. Transfer of Ownership: Process and timing of ownership transfer, including registration documents
8. Warranties and Disclaimers: Any warranties provided or explicitly excluded, in compliance with Austrian law
9. Handover: Details of vehicle delivery, including timing, location, and included items
10. Risk and Insurance: Transfer of risk and insurance responsibilities
11. Governing Law: Confirmation of Austrian law application and jurisdiction
12. Signatures: Execution clause and signature blocks for all parties
1. Financing Terms: Include when purchase involves third-party financing or installment payments
2. Trade-in Vehicle: Details of any vehicle being traded in as part of the purchase
3. Inspection Period: When buyer requests a post-purchase inspection period
4. Commercial Seller Obligations: Additional provisions required when seller is a commercial dealer
5. Cross-Border Provisions: Special terms for sales involving buyers from other EU countries
6. Arbitration Clause: Optional dispute resolution mechanism
7. Language Provisions: When agreement needs to be bilingual or involve translation
1. Vehicle Condition Report: Detailed assessment of vehicle condition including photographs
2. Service History: Documentation of maintenance and repair history
3. Vehicle Registration Documents: Copies of current registration papers and technical inspection certificates
4. Equipment List: Detailed list of included accessories and equipment
5. Inspection Certificate: Recent technical inspection results and roadworthiness certificate
6. Payment Schedule: If payment is to be made in installments
7. Previous Damage Documentation: Details and documentation of any previous accidents or damage
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