What rules apply when you sell a car privately?

Which law applies to a private car sale?

The Sale of Goods Act (köplagen). The Consumer Sales Act only applies when a business sells to a consumer, so between private individuals the buyer's protection is weaker and the agreement carries more weight.

Where you have not agreed on something specific, the Act's default rules apply. That is why a clear purchase agreement matters so much.

What does 'sold as is' mean?

That the buyer cannot expect a fault-free car. It does not free you from all responsibility, though.

Under the Sale of Goods Act, the buyer may still have a claim if any of the following applies:

• The car does not match information you gave, for example about equipment or mileage
• You failed to mention a fault you knew about
• The car is in significantly worse condition than the buyer could reasonably expect given the price and circumstances

What are my obligations as the seller?

You must disclose faults and flaws you know about and give correct information. You are not responsible for hidden faults you did not know about, and the buyer has no right of withdrawal.

• Duty to disclose: mention known faults, even if the car is sold as is
• Correct information: what you write in the listing and agreement must be true
• No right of withdrawal: the buyer cannot return the car just because they changed their mind, unless you agreed on it
• Complaints: the buyer must complain within a reasonable time of discovering the fault and no later than two years after the car was handed over

What happens if the buyer complains?

The buyer needs to show that the fault existed when the car was handed over and that you are responsible for it. If they do, it can lead to repair, a price reduction or, as a last resort, cancelling the sale.

Cancelling means the buyer returns the car and gets the money back. Normal wear that comes with the car's age and mileage is generally not a fault you are responsible for.

What if we cannot agree?

First try to resolve it directly with the buyer and keep the contact in writing. If that fails, the dispute can be tried in the district court (tingsrätten).

The National Board for Consumer Disputes (ARN) does not handle disputes between private individuals. Check whether your home insurance includes legal expenses cover that can pay part of the cost of a lawyer.

What should the purchase agreement contain to protect me?

Both parties' names and personal identity numbers, the registration and chassis numbers, price and payment method, date, an 'as is' clause, known faults and both parties' signatures.

Read more in the guide to the car purchase agreement.