The Higher Regional Court of Linz (OLG Linz) ruled that the rescission of a purchase contract for a 2003 used motorhome, bought for €25,000 from a private seller, was lawful. The buyer discovered a rotten wooden floor panel in the rear of the vehicle, deemed a significant defect affecting road safety.
Despite a standard warranty disclaimer in the contract, the court found that the seller, by arranging an inspection and promising to fix serious defects, effectively guaranteed the vehicle's safety. The defect, discovered shortly after purchase, was classified as hidden, preventing reliance on the disclaimer. The buyer returned the motorhome and received the money back minus a usage fee.