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Motorcycle purchase contract: tips and free template

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Are you looking for a second-hand motorcycle or are you getting rid of your used bike? In both cases you need a solid purchase contract. Here are some tips on content as well as a free sample contract in PDF format.

Whether it's a moped, scooter or cruiser, motorcycles are often bought and sold privately as second-hand, but special care should be taken when it comes to used vehicles. In some cases, the past leaves its mark, but this is not always immediately obvious. To avoid nasty surprises, you should examine the motorcycle and purchase contract very carefully.

How do I draw up a purchase contract for a motorcycle?

To see what information should be included in a private motorcycle purchase contract, take a look at this sample contract which is available to download. You can save this template (editable PDF) if necessary, complete it on your screen and/or print it out. Important keywords on the content of a purchase contract:

  • Details of the people (name, address, telephone number etc.)
  • Details of the vehicle (make, type, model, etc.)
  • Details of its condition and previous history (date of first registration, odometer reading, last motor vehicle inspection etc.)
  • Selling price and payment method
  • Date and place of handover

You should also mention in the contract whether there are any known faults and whether there is any warranty or guarantee (see infobox). There doesn't need to be any "small print" in the contract, as the Swiss Code of Obligations (SCO) is the legal basis for the sale anyway.

Faults on the motorcycle: warranty & guarantee

Warranty: unless otherwise agreed in the purchase contract, the general two-year warranty applies in Switzerland under the Swiss Code of Obligations (Art. 197 SCO and Art. 210 SCO). You can amend or even exclude the warranty (i.e. "buyer collects" or "bought as seen"). However, if the selling party fraudulently fails to disclose a fault, they are liable for this, regardless of what the contract states.

Guarantee: the selling and buying parties can agree special guarantees in the purchase contract, e.g. a guarantee for labor and parts for a certain number of months or kilometers.

When can I withdraw from the purchase contract?

There is no basic right to withdraw from a contract when it comes to privately buying or selling a motorcycle. The 14-day legal right of revocation is limited to door-to-door sales, telephone sales etc. However, it is possible to cancel the contract in a number of cases: 

  1. You have contractually agreed the right of withdrawal.
  2. The purchaser fails to make payment.
  3. The seller has acted fraudulently, i.e. withheld relevant information. Here the seller is responsible for the undisclosed faults or faults that were played down (liability for material defects). Accordingly, the purchaser is entitled to rescind the contract, i.e. the sale is reversed, or to a reduction, i.e. the purchase price is subsequently reduced.

Important points when buying a second-hand motorcycle

If you've found a very promising second-hand motorcycle, check it out on site for damage or technical faults, ideally using a checklist. It may be advisable to take an expert along with you, especially if it's your first motorcycle. Make sure that it's comfortable to sit on, has easily accessible controls as well as simple and safe handling. Insist on a long test ride of at least 100 kilometers, by a third person if necessary. How does the motorcycle handle on various surfaces, at different speeds or in the rain? The most important thing is that the motorcycle suits you, i.e. it matches your skills and requirements.

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Selling a motorcycle - what should I bear in mind?

A fair transaction that both parties are happy with needs preparation. You should therefore allow enough time to do this. 

Price

Find out from at least one professional how much your motorcycle is worth. Look around on the second-hand market too. Do not have unrealistic expectations, but allow some flexibility for negotiating with the buyer. Price levels are always at their highest in the spring.

Market

Think about which platforms you'd like to use for offering your vehicle. If you see your motorcycle as an economic means of day-to-day transportation, look at general online market places. However, collector machines have better prospects of being sold on specialist motorcycle websites.

Optics

Clean your motorcycle thoroughly, or maybe even treat yourself to new tires. After polishing your bike until it gleams, take lots of photos, focusing on perspective, light conditions and photo quality. As the seller, you definitely want to benefit from your motorcycle being presented as favorably as possible.

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How much does motorcycle insurance cost in Switzerland?

The level of insurance premium depends on many factors, so there are enormous differences within Switzerland. Compare the prices of various sellers. Factors that affect the premium include:

Motorcycle

  • Engine size
  • Vehicle price
  • Annual distance traveled

Cover

  • Only liability insurance
  • Liability and partial accidental damage
  • Liability and comprehensive accidental damage, possibly add-ons

Insured

  • Gender
  • Age
  • Place of residence

Sample purchase contract to download

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