Used car purchase agreement between private individuals (Austria)
Published byDocMuse
This document is in German
The PDF you download is in German — that is the language it has to be filed in, so it is not translated. Everything on this page is here to tell you what it says.
The contract for a private sale of a used car in Austria: the vehicle with its chassis number, Typenschein or data extract and next roadworthiness test under § 57a KFG (the Pickerl), price and payment, the seller's statements on mileage, accidents and known defects, the exclusion of warranty with its limits under Austria's Civil Code (ABGB), and an express choice on roadworthiness. With the date and hour of handover, deregistration under the Austrian Motor Vehicles Act (§ 43 Abs 4 KFG) and who answers a driver enquiry until then. Not for a dealer sale. In German, ready to print twice and sign.
What you fill in
The details the document asks for.
- Seller
- Seller's academic degree (optional)
- Seller's date of birth
- Seller's address
- Buyer
- Buyer's academic degree (optional)
- Buyer's date of birth
- Buyer's address
- Make and model
- Chassis number
- Registration plate
- Date of first registration
- Odometer reading
- Next roadworthiness test under § 57a KFG (the Pickerl) due – month and year
- Number of keys
- Accessories
- Price
- How the price is paid
- Ownership and the Typenschein
- Seller's statement on the total mileage
- Seller's statement on accident damage
- Known accident damage and how it was repaired
- Number of previous owners (if known)
- Known defects
- Roadworthiness: what the seller assures
- Other agreed features of the car
- Handover date
- Time of handover
- Vehicle approval document (Typenschein, data extract or individual approval)
- Other documents and items handed over (service book, invoices, winter tyres)
- If the Typenschein is a duplicate: when and why it was issued
- Registration status at handover
- Deregistered on, or at the latest on
- Who deregisters the car
- Other terms
- City
- Date
Preview
This document is produced for you. Your answers are typed into it and the finished PDF is yours to keep.
Common questions
- Can a private seller in Austria exclude warranty when selling a used car?
- Yes. Between private individuals a waiver of warranty is allowed (§ 929 ABGB). It does not cover what the seller expressly or implicitly assured, nor what was fraudulently concealed (§ 870 ABGB). Between private parties, however, roadworthiness is not simply taken as implicitly assured, not even because of a valid Pickerl; it depends on the circumstances (OGH 4 Ob 96/24g). So the contract has the seller state expressly whether roadworthiness is assured.
- Why must a buyer in Austria see the original Typenschein before buying a used car?
- Someone who buys a car from a person who does not own it becomes owner only in good faith, and even slight negligence defeats good faith (§ 368 ABGB). Without the Typenschein — or, for newer cars with EU approval, the data extract from the approval database — a buyer is not in good faith. A duplicate issued shortly before the sale calls for questions (OGH 1 Ob 178/24v). If a bank holds the Typenschein, the loan is paid off before handover.
- Who deregisters a sold car in Austria, and why does the hour of handover matter?
- The seller must deregister the car once no longer its lawful possessor (§ 43 Abs 4 KFG): at a registration office run by an insurer, free of charge, handing in the Zulassungsschein and the plates; the number can be reserved. Until then the seller stays the registered keeper and must name, within two weeks of a driver enquiry, the person the car was left to (§ 103 Abs 2 KFG). The date and hour of handover show that from then on it was the buyer.
- Can a car sale in Austria be set aside because the price was far too low or too high?
- Yes. If one side receives less than half of what it gives, measured by value at the time of the contract, it may have the contract set aside (laesio enormis, § 934 ABGB). This right cannot be waived by contract (§ 935 ABGB); a waiver clause would be void, so this contract has none. The other side can keep the contract by making up the difference to the ordinary value.
How you can sign this document
- Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
- Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked
DocMuse sells documents, not legal advice. Acceptance always depends on the recipient's rules and your local law.
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