When do claims arising from a purchase contract become statute-barred?
April 3, 2023 | 40,00 EUR | answered by Friedhelm Krebs
Dear lawyer,
I am reaching out to you with a question regarding the statute of limitations on claims arising from a purchase contract. About two years ago, I entered into a purchase contract for a car. The seller assured me that the vehicle was in perfect condition. Unfortunately, in the last few months, several defects have appeared which are attributable to a hidden accident damage.
I have tried to reach an agreement with the seller, but he now insists that the claims from the purchase contract have already expired. I am unsure of what that means and what legal options I have to assert my claims. I am worried that I will be left with the repair costs and do not know how to proceed.
Can you please explain to me when exactly claims from a purchase contract expire and if I still have a chance to enforce my claims? Are there possible solutions to maintain my right to warranty despite possible expiration?
Thank you in advance for your support and advice.
Kind regards,
Sebastian Melzer
Dear Mr. Melzer,
Thank you for your inquiry regarding the statute of limitations for claims arising from a purchase contract. I am happy to explain to you the legal principles and possible solutions in your specific case.
The statute of limitations for claims arising from a purchase contract is governed by the statutory provisions of the German Civil Code (BGB). According to § 438 (1) No. 3 BGB, the limitation period for warranty claims in purchase contracts is usually two years from the delivery of the purchased item. In your case, where defects only appeared after a few months, it is crucial to determine when you became aware of the defects or should have become aware of them. It is also important to assess whether the seller acted fraudulently by concealing the damage from an accident.
If the limitation period has not yet expired and you have timely become aware of the defects, you can assert your warranty claims against the seller. You have the right to request remedy (repair or replacement), price reduction, or in extreme cases, cancellation of the contract and refund of the purchase price.
If the limitation period has already expired, there may still be a possibility to enforce claims arising from a purchase contract. In this case, the seller's fraudulent concealment of the accident damage may play a role, potentially suspending the limitation period and allowing you to continue asserting your claims.
It is advisable to seek legal advice promptly and have your documents reviewed to determine the best course of action in your case. I am available for further questions in my online consultation hours to clarify any doubts and assist you in enforcing your claims.
I hope this information is helpful to you, and I am at your disposal for any further questions.
Sincerely,
Friedhelm Krebs
Attorney at Law specializing in Civil Law
