Classic Car Law

Depending on the value of a vehicle, certain precautions should be taken when buying or selling it. We draft, review and negotiate classic car sales contracts as well as appraisal contracts and, if necessary, support a secure transaction.

The central value-forming factor of a classic car is the degree of its originality and authenticity. As a rule, an original engine, for example, accounts for about a quarter of the value of a classic car.

The granting of a historic license plate (H license plate) or participation in historic vintage car races or classic rallies (Le Mans Classic, Mille Miglia, Goodwood, etc.) also depends decisively on the originality of the vintage car or historic racing vehicle. On the other hand, certain wear parts usually have to be replaced on a regular basis in order to maintain the vehicle’s roadworthiness or suitability for racing.

In legal practice, therefore, the question often arises as to whether the purchased vehicle is actually a “classic car” or whether a purchase defect exists and warranty rights (supplementary performance, rescission, reduction and damages) can be asserted.

In individual cases, a falsified service booklet or checkbook, a false speedometer reading (turned back speedometer) or a fictitious previous owner or racing history may also constitute a purchase defect or entitle the buyer to contest the purchase on the grounds of fraudulent misrepresentation.

If defects are discovered or asserted after the purchase of the classic car, we provide support both in and out of court. In doing so, we can draw on our many years of litigation experience and are familiar with the relevant jurisdiction.

Classic vehicles are often offered at auctions. The seller usually hopes to reach a large number of interested parties through the auction house, not to sell below market price and appreciates the service. The interested parties appreciate the large number of offers and hope for a favorable opportunity.

According to our years of experience, the usual warranty and liability exclusions in the auction conditions are often disregarded or an on-site inspection of the vehicle is waived. A test drive is regularly not provided for at auctions anyway.

If the purchased classic car shows defects or is even a fake, we check claims for warranty of defects and liability of auction house and consignor and enforce them out of court and in court if necessary.

If a bid is accepted with reservations, if bids are made by mistake or if a secret limit is not reached, the question of the legal consequences arises. We are familiar with the auction practice and its legal evaluation and, if necessary, check whether claims can be made.