Defect discovered:

How a RV Buyer Got His Money Back After All

The dispute concerned a motorhome (stock image).(Bild: P. Huber)

A “furious” RV buyer had to take his case all the way to the Higher Regional Court to get his money back. The seller from the Mühlviertel region had “forgotten” to have a serious defect repaired or to disclose it. After all, the vehicle was no longer roadworthy.

A bricklayer from Styria, who had bought a motorhome from a retiree in the Mühlviertel region, was furious. After driving a little over 1,000 kilometers, he had the vehicle inspected again by the ÖAMTC, and it turned out that the wooden floor panel was rotten.

“Exclusion of warranty” was the “magic word”
The new owner wanted the seller to refund the 25,000 euro purchase price because it had been agreed upon at the time of purchase that the RV had no serious defects. However, the seller from Freistadt no longer wanted his RV back and argued that he was off the hook due to the “warranty disclaimer” customary in transactions between private individuals.

The court of first instance rejected the plaintiff’s claim
The buyer wasn’t going to take that lying down and filed a civil lawsuit with the Linz Regional Court to fight for the rescission of the transaction. However, he was rebuffed in the first instance—the court believed the seller’s claim that he had no knowledge of the major defect. But the new owner appealed to the Higher Regional Court. And there, the decision went in his favor.

Defect ultimately prevailed
The appellate judges concluded that the rotten floor panel—which, although secured by a metal plate, had already been rotten beforehand—was so severe that it compromised road safety. Furthermore, the seller had assured the buyer that he would have the RV inspected, have any serious defects repaired, and deliver a safe vehicle. This assurance carried more weight than the warranty exclusion—and now the sale is being rescinded.