Analiză-exemplu (scrisă în engleză)
Used Vehicle Sales Agreement (dealer to consumer)
Used Car Purchase
Rovanta Motors SRL — Dealer (seller) · You (the purchaser) — Buyer
Concluzia
You're buying a 2019 hatchback from a dealer for €14,900 — but the paperwork brings the total to €16,334 once a €395 'documentation fee' and two pre-ticked extras (a €690 extended warranty and €349 of paint protection) are added. After your €3,200 trade-in and €1,500 deposit, €11,634 is due on delivery, probably through a lender the dealer picks and earns commission from. The contract is built to protect the dealer from every way a used car can go wrong. It calls the car 'sold as seen' and tries to switch off any legal guarantee (Clause 3); it refuses to stand behind the 68,400 km on the odometer (Clause 2); and its own warranty covers only the inside of the engine and gearbox for three months, with a 48-hour reporting window that voids it if you miss it (Clause 4). Meanwhile, your side of the deal is locked in: the €1,500 deposit is 'non-refundable in all circumstances', backing out costs a further 10% of the price, the dealer can cut your trade-in value on delivery day and you can't walk away, and late delivery has no consequence at all. The honest bottom line: in the EU, consumers buying from a business generally have a legal guarantee for faults that existed at delivery, and 'sold as seen' wording often can't remove it — so this contract may promise the dealer more than it can enforce. But don't rely on that after the fact. Strike the add-ons, get the mileage confirmed in writing, and fix the trade-in price before you sign.
Semnale de alarmă
'Sold as seen' tries to switch off your legal guarantee
Critic· RăspundereClause 3 says no guarantees 'statutory or otherwise' apply apart from the dealer's narrow 3-month engine-and-gearbox cover. Consumers buying from a business in the EU generally keep a legal guarantee for faults that existed at delivery, and terms that try to remove it are often unenforceable — but the dealer is clearly preparing to refuse claims, and the burden of pushing back would fall on you.
Ce să ceri
Strike 'sold as seen and as is' and 'statutory or otherwise', add a line confirming your consumer rights are unaffected, and list any known defects in writing.
The dealer won't stand behind the mileage
Ridicat· RăspundereClause 2 records 68,400 km but says the true mileage 'may differ'. Mileage fraud is one of the most common used-car problems, and this clause tries to shift that risk onto you. A dealer that has checked the car's history should be willing to confirm it.
Ce să ceri
Have the mileage stated as verified, backed by the service book and official inspection records — or check the history yourself before signing.
Your trade-in value can be cut on delivery day — and you can't walk away
Ridicat· Modificări unilateraleClause 7 lets the dealer revise the €3,200 trade-in 'at its sole discretion', while forbidding you from withdrawing because of it. Combined with the non-refundable deposit and the 10% cancellation charge, the dealer can lower the number at the last minute knowing you're boxed in.
Ce să ceri
Fix the €3,200, subject only to an agreed mileage allowance and no new damage — or keep the right to cancel with a full deposit refund if it's revised.
Nearly €3,000 lost if you back out — for any reason
Ridicat· ÎncetareThe €1,500 deposit is 'non-refundable in all circumstances' (Clause 6), and cancelling or failing to take delivery adds a 10% charge — €1,490 more (Clause 11). That applies even if finance is refused or the dealer is late. Penalties this far above the dealer's real loss are often challengeable, but you'd have to fight for your money.
Ce să ceri
Make the deposit refundable whenever the dealer is at fault or finance is refused, and delete the extra 10%.
€1,434 of fees and pre-ticked extras
Ridicat· FinanciarClause 5 adds a €395 documentation fee plus a €690 extended warranty and €349 paint protection that are ticked for you — you only avoid paying by crossing them out. The real total is €16,334, not the €14,900 on the windscreen.
Ce să ceri
Strike out both extras and initial each change; ask for the documentation fee to be removed or included in the car price.
Disputes on the dealer's home turf, at your expense
Mediu· Soluționarea litigiilorClause 13 sends every dispute to the court where the dealer is based and makes you pay the dealer's legal costs unless it loses completely. Consumers in the EU can usually sue in their own local courts, so this may not stand — but it's built to discourage you from claiming at all.
Ce să ceri
Delete the legal-costs sentence and refer disputes to the courts competent under consumer law.
Termene-cheie
- Agreement signed — risk passes to you16 oct. 2026
Under Clause 10, damage to or theft of the car is your loss from signing, even though it stays with the dealer. Check your insurance covers it from today.
- Estimated delivery date6 nov. 2026
Only an estimate — the contract gives you no remedy for delay. The €11,634 balance and your trade-in car are due on this day, and the trade-in can be re-valued then.
- Fault reporting: 48 hours
Any fault covered by the dealer warranty must be reported in writing within 48 hours of first appearing, or that warranty is void. Email the dealer straight away and keep a copy.
- Dealer warranty ends
Three months or 3,000 km after delivery, whichever comes first. Your legal guarantee as a consumer generally runs longer — check your country's time limits.
- Finance cooling-off period
If you take the dealer's finance, consumer credit agreements in the EU often come with a short window to withdraw after signing. Confirm the exact length with the lender.
Date la care trebuie să acționezi. Le adaugi în calendar dintr-un clic.
Date esențiale
- Car price
- €14,900
- Total with fees and extras
- €16,334
- Pre-ticked extras
- €1,039 (warranty + paint protection)
- Documentation fee
- €395, non-refundable
- Deposit
- €1,500, 'non-refundable in all circumstances'
- Trade-in
- €3,200 provisional — dealer can revise
- Balance on delivery
- €11,634
- Dealer warranty
- 3 months / 3,000 km, engine and gearbox internals only
- Odometer reading
- 68,400 km — not guaranteed
Clauză cu clauză
1. The Vehicle and Price
Scăzut· FinanciarCe spune contractul
“The Dealer agrees to sell and the Buyer agrees to buy the used vehicle described in the Schedule (2019 compact hatchback, 1.5 petrol, manual, first registered March 2019) for a cash price of EUR 14,900, including VAT where applicable.”
Ce înseamnă
This identifies the car and the headline price: €14,900. That part is clear. Just know it's not what you'll actually pay — the fees and extras in Clause 5 push the total to €16,334.
2. Mileage — not guaranteed
Ridicat· RăspundereCe spune contractul
“The Dealer does not guarantee the accuracy of the indicated mileage, and the Buyer accepts that the true mileage may differ.”
Ce înseamnă
Mileage is one of the biggest drivers of a used car's value, and the dealer is refusing to stand behind it. If the odometer has been wound back, this clause is the dealer's attempt to make that your problem. A dealer who has checked the car's history should be able to confirm the figure.
Sfat de negociere
Ask for the mileage to be stated as verified, backed by the service book and any official inspection or registration records. If the dealer won't confirm it, check the history yourself before signing — a refusal to guarantee mileage is a warning sign.
3. Condition — 'sold as seen'
Critic· RăspundereCe spune contractul
“The Vehicle is sold as seen and as is, in its present condition. The Buyer accepts that no warranties, conditions or guarantees, whether statutory or otherwise, apply to the Vehicle other than the Dealer Warranty in Clause 4.”
Ce înseamnă
This tries to make you give up any legal guarantee and accept the car with whatever hidden faults it has. In the EU, consumers buying from a business generally have a legal guarantee for faults that already existed at delivery, and contract terms that try to remove it are often unenforceable — but the rules and time limits vary by country, so check yours. Either way, the dealer is signalling it intends to refuse claims.
Sfat de negociere
Ask for the words 'sold as seen and as is' and 'statutory or otherwise' to be struck out, and for a sentence confirming that your legal rights as a consumer are not affected. Get any known defects listed in writing so there's no argument later about what was 'seen'.
4. Dealer Warranty
Mediu· RăspundereCe spune contractul
“The Dealer warrants the internal mechanical components of the engine and gearbox for three (3) months or 3,000 km from delivery, whichever comes first. Wear-and-tear items, electrical systems, clutch, turbocharger, suspension and air-conditioning are excluded.”
Ce înseamnă
The dealer's own promise is narrow: only the inside of the engine and gearbox, for three months or 3,000 km. Many of the costly things that fail on a 2019 car — the clutch, turbo, electrics, air-con — are excluded. You must report a fault in writing within 48 hours and use only their workshop, or the warranty is void.
Sfat de negociere
Ask for at least 12 months, covering the clutch, turbo and electrics, with a reasonable reporting window (14 days) and repairs at any approved garage if the car breaks down far from the dealer.
5. Documentation Fee and Pre-Ticked Extras
Ridicat· FinanciarCe spune contractul
“The following products have been selected for the Buyer and are included in the total price unless the Buyer strikes them out before signing: [X] Extended Warranty Plus, 12 months — EUR 690; [X] Paint & Interior Protection Package — EUR 349.”
Ce înseamnă
€1,039 of extras have been ticked for you — you have to actively cross them out or you pay for them. On top of that is a €395 'documentation fee' for paperwork that's part of selling any car. Pre-ticked boxes are a classic way to add cost people don't notice, and in the EU extra paid options generally need your express agreement.
Sfat de negociere
Strike out both extras and initial each strike-out. Ask for the documentation fee to be removed or folded into the car price — and compare the 'Extended Warranty Plus' with independent warranties, which are often cheaper and cover more.
6. Non-Refundable Deposit
Ridicat· FinanciarCe spune contractul
“On signing, the Buyer shall pay a deposit of EUR 1,500. The deposit is non-refundable in all circumstances and will be credited against the price on completion.”
Ce înseamnă
'In all circumstances' means even if the dealer delivers months late, cuts your trade-in, or the car turns out to have a serious fault before you collect it. A deposit should hold the car for you — not become the dealer's money whatever happens.
Sfat de negociere
Ask for the deposit to be refundable if the dealer delays delivery, changes the trade-in value, the car isn't as described, or finance is refused. Pay it by card, never cash, and keep the receipt.
7. Part-Exchange Value — revisable by the dealer
Ridicat· Modificări unilateraleCe spune contractul
“This valuation is subject to re-inspection on the delivery date, and the Dealer may revise it at its sole discretion if, in its opinion, the condition or mileage of the part-exchange vehicle has changed. The Buyer may not withdraw from this Agreement on account of any revised valuation.”
Ce înseamnă
Your €3,200 trade-in value isn't fixed. On delivery day the dealer can decide your old car is worth less — and you can't walk away. That's a common pressure point: you've sold yourself on the new car, the paperwork is done, and the dealer can change the numbers.
Sfat de negociere
Ask for the €3,200 to be fixed, provided your old car comes back with no more than an agreed extra mileage (say 500 km) and no new damage. If the dealer insists on re-valuing, you must have the right to cancel and get your deposit back.
8. Finance Arranged by the Dealer
Ridicat· FinanciarCe spune contractul
“Where the balance is to be paid by finance, the Dealer will introduce the Buyer to a lender of its choosing. The Dealer may receive a commission from that lender.”
Ce înseamnă
The dealer picks the lender and may be paid commission for the introduction — so it has a reason to steer you toward a deal that pays it best, not the one that's cheapest for you. Worse, if finance is refused, you must find €11,634 in cash on delivery day or be treated as cancelling (losing your deposit plus 10%).
Sfat de negociere
Get a loan quote from your own bank first and compare the total amount repayable, not just the monthly payment. Ask for the contract to say that if finance is refused, the agreement ends and your deposit is returned.
9. Delivery — no consequence for delay
Mediu· ÎncetareCe spune contractul
“The Dealer shall not be liable for any loss arising from late delivery, and delay shall not entitle the Buyer to cancel this Agreement or to any reduction in price.”
Ce înseamnă
6 November is only an 'estimate'. If the car arrives weeks or months late, you can't cancel, can't get a discount, and can't claim costs like a hire car — while your deposit sits with the dealer. In many EU countries a consumer can set a further deadline and then cancel if a business still doesn't deliver, so a blanket 'delay changes nothing' may not hold up.
Sfat de negociere
Ask for a firm delivery date, with the right to cancel and get your deposit back if the car isn't ready within, say, 14 days after it.
10. Risk and Ownership
Mediu· RăspundereCe spune contractul
“Risk in the Vehicle passes to the Buyer on signing of this Agreement. Ownership of the Vehicle shall remain with the Dealer until the full price, all fees and any finance have been paid in full.”
Ce înseamnă
From the moment you sign, damage to the car is your loss — even though it's still on the dealer's forecourt and still belongs to the dealer. If it's damaged or stolen before delivery, you could be expected to pay for a car you've never driven away. Keeping ownership until payment is normal; moving risk to you before you even have the keys is not.
Sfat de negociere
Ask for risk to pass on delivery, when you actually take the car. If the dealer refuses, make sure your insurance covers the car from the signing date.
11. Cancellation by the Buyer
Ridicat· ÎncetareCe spune contractul
“If the Buyer cancels this Agreement or fails to take delivery for any reason, the Buyer shall forfeit the deposit and shall in addition pay the Dealer liquidated damages equal to ten percent (10%) of the cash price.”
Ce înseamnă
Backing out for ANY reason costs you the €1,500 deposit plus another €1,490 — almost €3,000 in total. 'Any reason' includes the dealer cutting your trade-in or finance being refused. Penalties far larger than the dealer's real loss are often challengeable as unfair in consumer contracts, but you'd have to fight for it.
Sfat de negociere
Ask for the 10% to be deleted, so that losing the deposit is the most cancelling can cost you — and for no penalty at all where the dealer is at fault (late delivery, revised trade-in, car not as described).
12. Entire Agreement — verbal promises don't count
Mediu· AlteleCe spune contractul
“No statement, promise or representation made by the Dealer's sales staff, whether verbal or in advertising, forms part of this Agreement unless written in it.”
Ce înseamnă
Whatever the salesperson told you — 'one owner', 'full service history', 'new timing belt', 'never been in an accident' — doesn't count unless it's written into this contract. Even the advert is excluded. In the EU, what a seller says in advertising can often still count toward what the car should be, but don't rely on that.
Sfat de negociere
Write every important promise into the contract before you sign: number of owners, service history, accident-free status, recent work done. Keep a screenshot of the original advert.
13. Disputes and Legal Costs
Ridicat· Soluționarea litigiilorCe spune contractul
“Any dispute arising from this Agreement shall be resolved exclusively by the courts of the place where the Dealer has its registered office. The Buyer shall reimburse the Dealer's legal costs in any dispute in which the Dealer is not wholly unsuccessful.”
Ce înseamnă
Any dispute goes to the dealer's home court, which may be far from you, and you pay the dealer's lawyers unless the dealer loses on every single point. That makes even a strong claim risky to bring. In the EU, consumers can usually sue in their own local courts, so this clause may not stand — but it's designed to put you off trying.
Sfat de negociere
Ask to delete the legal-costs sentence and replace the court clause with 'the courts competent under applicable consumer law'. Each side bearing costs as a court decides is the fair default.
Ce să întrebi înainte să semnezi
- 1Will you strike out 'sold as seen' and confirm in writing that my legal rights as a consumer are not affected?
- 2Can you confirm the 68,400 km in writing, and show me the service book and inspection records that support it?
- 3Will you fix my trade-in at €3,200, subject only to an agreed mileage allowance and no new damage?
- 4Can you remove the two pre-ticked extras and the €395 documentation fee — what is the true on-the-road price?
- 5Will the deposit be refunded if delivery is late, finance is refused, or the trade-in value changes?
- 6Which lender would you introduce me to, what commission do you receive, and what is the total amount repayable?
- 7Who is responsible if the car is damaged before I collect it?
- 8Can you write the salesperson's promises — owners, service history, accident-free — into the contract?
Termeni juridici, pe înțelesul tău
- Sold as seen / as is
- Wording that tries to make the buyer accept a car with any faults it has. When a consumer buys from a business, it often can't remove the legal guarantee.
- Legal guarantee of conformity
- The rights a consumer generally has against a business seller if goods are faulty or not as described at delivery — repair, replacement, a price cut or a refund. Separate from, and usually wider than, any dealer warranty.
- Dealer warranty
- An extra promise the dealer chooses to give, on its own terms. It sits on top of your legal rights and can't replace them.
- Part-exchange (trade-in)
- Handing your old car to the dealer as part-payment for the new one. The value agreed is a key part of the price you really pay.
- Liquidated damages
- A fixed sum set in advance that one side must pay if it breaks the contract — here 10% of the price if you cancel. Amounts far above the real loss are often treated as unfair penalties.
- Retention of title
- The seller stays the legal owner of the car until it is fully paid for — common and generally fair on its own.
- Passing of risk
- The moment loss or damage becomes the buyer's problem. Normally that's delivery; this contract moves it to signing.
- Entire agreement clause
- A term saying only what's written in the contract counts — so verbal promises and advert claims should be written in if they matter to you.
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