Austrian court allows buyer to return rotten motorhome despite warranty waiver
The Higher Regional Court of Linz (OLG Linz) ruled that a buyer could rescind the purchase of a 2003 motorhome bought for €25,000 from a private selle...
The Higher Regional Court of Linz (OLG Linz) ruled that a buyer could rescind the purchase of a 2003 motorhome bought for €25,000 from a private seller. Although the contract excluded warranty, the court found that the seller, by arranging an inspection and promising to fix major defects, had effectively assured the vehicle's roadworthiness. A rotten wooden floor panel discovered shortly after purchase was deemed a hidden defect overriding the waiver. The buyer returned the motorhome and received the purchase price minus a usage fee.
