KARLSRUHE (dpa-AFX) - Sellers of used cars cannot invoke wear and tear in legal disputes over repair costs if a specific condition of the parts complained about was previously agreed. If a contract contains both information about a specific condition and an exclusion of any liability for material defects, the points must be considered separately, the Federal Court of Justice (BGH) ruled in Karlsruhe on Wednesday.

Specifically, the case concerned whether the seller of a 40-year-old car was liable for repair costs due to a defective air conditioning system. According to the BGH, the sales advertisement stated: "Air conditioning works perfectly. The sale is subject to the exclusion of any liability for material defects". However, as the air conditioning system was defective, the buyer of the classic car demanded that the seller reimburse the costs of the repair.

He was unsuccessful with his claim in the lower courts. The BGH overturned the judgment of the Limburg Regional Court, which had sided with the seller, citing the age of the air conditioning system. The case must now be renegotiated there./jml/DP/mis