The Point in Time of Bearing Risk in Vehicle Purchase Contracts

Based on Clause 2, Article 441 of the Civil Code 2015, which provides regulations on risk assumption as follows:

"For a contract for the sale and purchase of property where the law stipulates that such property must be registered for ownership, the seller bears the risk until the registration procedure is completed, and the buyer bears the risk from the time the registration procedure is completed, unless otherwise agreed."

Based on the above regulation and in your situation, since the ownership registration procedure with the competent authority has not yet been conducted, in principle, the car company still bears the risk in this case.

However, it should be noted that in the car sale contract you signed with the company, if there is an agreement that you bear the risk from the time the seller delivers the car to you, as mentioned by the company, the risk has been transferred to you; in this case, the company is not responsible for repair.

The above is the consultation content sent to you by the Editorial Department.

Sincerely!