Purchase agreement template for a car or other movable item
Sale of a car, bike or furniture between individuals, by a business to a consumer, or between businesses
This document rests on a fixed pattern prepared by Paragrafo; it is not a law firm template. Its wording is not written by AI, only the details from the form are filled in. For a non-standard situation we recommend a solicitor.
Law in force as at
Kúpna zmluva
- I. Zmluvné strany
- II. Predmet kúpy
- III. Kúpna cena
- IV. Odovzdanie predmetu kúpy a prechod vlastníctva
- V. Stav predmetu kúpy a vady
- VI. Záverečné ustanovenia
Under a purchase agreement the seller undertakes to hand an item over to the buyer and the buyer undertakes to take it over and pay the agreed price. A sale between private individuals, such as a used car, a bike or furniture, is governed by the Slovak Civil Code.
When a business sells to a consumer, it is a consumer purchase agreement and the seller's liability for defects is stricter than in a sale between individuals. When two businesses buy and sell and the purchase concerns the business of both, the contract is governed by the Commercial Code. The template picks the regime from whether the parties have a company ID and whether they conclude the contract in their business.
For a movable item the law does not require written form; the contract is concluded even orally. A written contract is, however, the only record of exactly what was sold, for how much, in what condition and what the seller claimed about it. These four points are what disputes over second-hand sales are about.
The buyer becomes the owner by taking over the item, not by signing or by paying, unless the parties agreed otherwise. Anyone who hands over a car before being paid, without a written retention of title, is no longer its owner and has to claim the money as a creditor.
Who needs this document
- People selling or buying a used car, motorbike or bike from a private individual
- Sales of furniture, electronics, tools or household equipment between acquaintances or through an ad
- A company buying an item from a private individual, such as a company car
- A car dealer, furniture shop or other business selling an item to a consumer with a written contract
- Two companies selling a machine, vehicle or equipment
- A buyer who wants to have in writing what the seller promised about the item
What the document must contain
- Precise identification of the seller and the buyer
- A description of the item that cannot be confused with another; for a car also the vehicle identification number (VIN)
- The purchase price and how and by when it is paid
- When and where the item is handed over
- Defects the seller pointed out to the buyer and properties the seller expressly promises
- An express retention of title if ownership is to pass only once the full price is paid
- For a business selling to a consumer at a distance or off premises, information on the right to withdraw and the model withdrawal form
Legal basis
Občiansky zákonník (Civil Code)
Governs the purchase agreement, the transfer of ownership of a movable item on takeover, retention of title, the seller's liability for defects and the period within which the buyer must notify them. For a consumer purchase agreement also the requirements for the goods, the two-year liability for defects and consumer rights that cannot be limited by contract.
Obchodný zákonník (Commercial Code)
Applies instead of the Civil Code when both buyer and seller are businesses and the purchase evidently concerns their business. Governs the transfer of ownership, inspection of the goods, notification of defects, claims for defects and the quality guarantee.
Zákon o ochrane spotrebiteľa (Consumer Protection Act)
When a business concludes a contract with a consumer at a distance or off its premises, the consumer may withdraw without giving a reason within 14 days of taking over the goods, and the business must inform them of this right.
Most common mistakes
Handing over before payment without retention of title
Ownership of a movable item passes on takeover. Anyone who hands the item over and is to be paid later is, without retention of title, a creditor rather than an owner. Retention of title must be agreed in writing.
Oral promises about the condition
"The car has never been in an accident" said at the viewing is hard to prove. If it is in the contract as the seller's assurance and turns out to be untrue, the buyer may withdraw from the contract.
Concealed defects
The seller must point out defects they know about. If a defect the seller did not mention comes to light later, the buyer is entitled to a reasonable discount and, for a defect that makes the item unusable, to withdraw from the contract. Defects listed in the contract also protect the seller.
"As is" when the parties did not mean it
This wording excludes the seller's liability for defects, except for properties the seller declared the item has or the buyer expressly stipulated. It puts the buyer in a much weaker position, so it belongs in the contract only when the parties really agreed on it.
Notifying a defect too late
In a sale between individuals the buyer must notify the seller of a defect without undue delay and no later than 24 months after taking over the item, otherwise the rights arising from liability for defects lapse. A consumer notifies a defect within two months of discovering it, no later than the end of the liability period. A business buying from a business should inspect the goods as soon as possible and notify defects without undue delay.
"As is" when selling to a consumer
When a business sells to a consumer, the consumer's rights arising from liability for defects cannot be limited by contract, so an "as is" clause would not bind them. For a used item the parties may only agree on a shorter liability period, of at least one year from delivery.
Two company IDs do not yet mean the Commercial Code
The Commercial Code applies only when the purchase concerns the business of both parties. A sole trader buying a car for the family is a consumer in that purchase, and the company selling it to them concludes a consumer purchase agreement.
Frequently asked questions
Does a purchase agreement for a car have to be in writing?
The Civil Code requires written form for transfers of real estate, not for movable items such as a car. Retention of title, however, must be agreed in writing, and without a written contract it is hard to prove what the seller said about the vehicle's condition.
When do I become the owner of what I bought?
On taking over the item, unless the parties agreed otherwise. Together with ownership, the risk of accidental destruction and deterioration passes to the buyer. If the seller reserved title in writing until payment, the buyer becomes the owner only once the full price is paid.
Which defects is a private seller liable for?
Defects the seller did not point out and that come to light later; the buyer is then entitled to a reasonable discount and, for a defect that makes the item unusable, to withdraw. The seller is not liable for obvious defects unless they expressly assured the buyer that the item has no defects at all.
What does selling "as is" mean?
The seller is not liable for defects unless the item lacks a property the seller declared it has or that the buyer expressly stipulated. That is why even in such a sale it pays to write the properties that matter to the buyer into the contract.
Can a company buy a car from a private individual using this template?
Yes. The Commercial Code governs obligations between businesses where they concern their business. A purchase from a private individual who is not selling in the course of business is not such a relationship and is therefore governed by the Civil Code.
How long is a business liable for defects of an item sold to a consumer?
For any defect the item had on delivery that becomes apparent within two years of delivery. For a used item the parties may agree on a shorter period, but not shorter than one year. If a defect becomes apparent within that period, it is presumed to have existed on delivery unless the contrary is proven.
Who reports the change in the vehicle register after a car is sold?
The change of the vehicle's holder is reported to the police by the previous holder and the change of ownership by the owner, within 30 days of the day it occurred. If the buyer is not present in person, the seller needs the buyer's written power of attorney with a certified signature. The template therefore gives this duty to the seller and cooperation to the buyer.
Can a consumer withdraw from a purchase agreement without giving a reason?
Only from a contract concluded at a distance or off the seller's premises, within 14 days of taking over the goods. For a contract signed in a shop the law gives no such right; rights arising from defects apply regardless of where the contract was signed.
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