Terms and Conditions effective as of May 1, 2025
Applicability and Definitions
These terms and conditions apply to all services provided by AutoSold and to any agreement concluded through AutoSold. By using the services of AutoSold (including this website), the Seller agrees to these terms. Deviations are only binding if confirmed in writing.
Definitions: In these terms, the following definitions apply: AutoSold: the intermediary service operated by EG Advisory, which connects private individuals with RDW-certified car dealers for the sale of vehicles. AutoSold is not a party to the final Purchase Agreement between the Seller and the Buyer. Seller: the private owner (or authorized representative) who registers or offers a vehicle for sale via AutoSold. Buyer: the certified car dealer registered with AutoSold. Offer: the amount proposed by a Buyer for a listed vehicle. Purchase Agreement: the legally binding contract between the Seller and the Buyer, which is concluded as soon as an Offer is explicitly accepted by the Seller.
Services Provided by AutoSold
AutoSold provides an online platform through which the Seller can offer a vehicle to a closed network of certified car dealers. Our service is strictly limited to mediating between the Seller and the Buyer in the formation of a sale.
AutoSold ensures that the vehicle information (excluding the Seller’s personal data) is presented to connected dealers so they can make an Offer.
AutoSold will determine a reference price or valuation together with the Seller, based on the information provided by the Seller. This valuation is for informational purposes only; no rights may be derived from it. AutoSold cannot guarantee that the final selling price will match the valuation and accepts no liability if the vehicle later turns out to be worth more or less than estimated.
AutoSold is not the buyer or seller of the vehicle. We do not provide any guarantees regarding the condition or quality of the vehicle; that responsibility lies with the Seller. AutoSold does not preselect or inspect vehicles; the Seller is solely responsible for an accurate and complete description of the vehicle. AutoSold only facilitates the platform and the connection between the parties.
Submitting a Vehicle and Formation of the Sale
The Seller can register the vehicle via the website or by phone/email/WhatsApp by providing the vehicle details and photos. The Seller guarantees that all information provided is truthful and complete. The Seller also declares to be authorized to sell the vehicle: the vehicle is their property (or they have permission from the owner), and it is not stolen, not under seizure, and free from any pledge, financing, or other encumbrances.
After registration, AutoSold may contact the Seller for further discussion of the sales process and to verify the submitted information. AutoSold reserves the right to remove or withdraw a listing or an Offer, for example in cases of suspected abuse, fraud, or inaccurate information.
Once the vehicle has been registered, it will be anonymously offered to dealers affiliated with AutoSold. These dealers may place an Offer on the vehicle. Each Offer is made in euros, including VAT, unless stated otherwise, and is conditional on the accuracy of the vehicle description. AutoSold may decide to offer the vehicle multiple times if no suitable Offer is received immediately (subject to a reasonable limit).
A Purchase Agreement between the Seller and the Buyer is concluded at the moment the Seller explicitly accepts an Offer from a Buyer. From that point onward, the Seller is obligated to deliver the vehicle to that Buyer and may no longer sell it to anyone else. The Buyer is in turn obligated to purchase the vehicle for the agreed price, unless it is later found during inspection that the vehicle does not match the description provided by the Seller (see Delivery and Inspection below).
Important: Once the Seller agrees to the Offer, the sale is final and binding. The Seller cannot invoke the right of withdrawal (the Distance Selling Act does not apply). This is because the Seller is selling, not buying; there is no statutory cooling-off period. Should the Seller wish to cancel the sale after acceptance, they must contact AutoSold immediately. Note that cancellation fees may apply.
Delivery and Inspection
After the Purchase Agreement has been concluded, the Seller usually contacts the Buyer within 48 hours (or vice versa) to arrange the vehicle handover. A date, time, and location are mutually agreed upon for the delivery. As a standard rule, delivery must take place within 14 days of the sale, unless both parties agree otherwise.
Delivery: Unless otherwise agreed, the Seller will deliver the vehicle to the Buyer’s location. (If explicitly agreed that the Buyer will pick up the vehicle, the handover will take place at the Seller’s address.) Upon delivery, the Seller must hand over the vehicle along with all accessories and related documents (e.g., registration certificate, service records, etc.). The Seller must present valid identification, and the Buyer has the right to verify that the Seller is indeed the rightful owner of the vehicle.
Inspection upon delivery: Before making payment, the Buyer has the right to inspect the vehicle on-site. This includes checking whether the actual condition and features of the vehicle correspond to the description and specifications previously provided by the Seller. The Seller is required to cooperate in verifying the chassis number and identification plate of the vehicle, so that the Buyer can confirm they match the vehicle documents. The Buyer may also verify whether all ownership data is correct.
If, during inspection, it becomes apparent that the vehicle does not match the description provided by the Seller (e.g., material hidden defects, incorrect manufacturing year, different mileage than stated, concealed damage, etc.), the Buyer has the right to make a reasonable counteroffer or to cancel the Purchase Agreement. In such a case, the Seller may choose to accept a revised price or agree to cancel the sale. Cancellation means the sale does not take place, and both parties are released from their obligations (except for any applicable cancellation fees – see below).
If the vehicle description provided by the Seller is truthful and matches the actual condition of the vehicle, the Buyer may not renegotiate the price at the time of delivery. In other words, if the vehicle corresponds to the description, the Buyer must pay the previously agreed purchase price.
Payment and Deregistration (Vrijwaring)
Upon delivery and agreement on the condition of the vehicle, the Buyer must provide the Seller with written confirmation that the vehicle matches the Seller’s description. After this, but before payment is made, the vehicle must be transferred into the Buyer’s name (deregistration). This allows the Buyer to verify the registration status and ownership of the vehicle before proceeding with payment. If the transfer cannot be completed, the Buyer may suspend payment and cancel the agreement.
Immediately after the vehicle has been transferred, the Buyer must pay the full purchase amount to the Seller immediately. Payment may be made in cash or by bank transfer (as mutually agreed). If payment is made via bank transfer, the Buyer must be able to present proof of payment to the Seller. The actual transfer must be completed before the vehicle is handed over. The Seller and Buyer must exchange proof of receipt: the Seller provides a receipt for payment, and the Buyer provides proof of receipt of the vehicle (such as the deregistration certificate or vrijwaringsbewijs ).
The Buyer is required to ensure immediate deregistration of the vehicle at the time of transfer. This means the Buyer (as an RDW-certified business) must register the vehicle in their own name and provide the Seller with an official deregistration certificate. Only after the vehicle has been deregistered is the Seller released from all further liability relating to the vehicle.
Note: As of the moment of deregistration, all warranties or obligations from the Seller to the Buyer regarding the vehicle lapse. The sale takes place “as is, where is”, meaning the Buyer cannot claim against hidden defects after the handover, unless there is proven intent or deliberate deception by the Seller.
Cancellation and Consequences
Cancellation of the sale after the Purchase Agreement has been concluded is only permitted in exceptional cases. In principle, both parties are then bound by the agreement.
If the Seller decides not to proceed with the sale after agreeing to the Offer (for example by failing to deliver the vehicle within the agreed timeframe without a valid reason), the Seller owes AutoSold a cancellation fee. This fee is intended to prevent misuse (such as selling elsewhere for a higher price after agreeing to a deal via AutoSold). The fee is 15% of the agreed purchase price, with a minimum of €250 (excluding VAT). AutoSold may require the Seller to submit the deregistration certificate or other proof to confirm whether the vehicle has been transferred or not.
The Buyer (the dealer) is also expected to honor the Purchase Agreement. If a Buyer cancels the purchase without valid reason, fails to pick up the vehicle on time, or attempts to renegotiate the price even though the description was correct, this will be considered a breach of agreement. AutoSold will take appropriate action in such cases. The Buyer may be declared in default and may be subject to a similar penalty of 15% of the offer amount (minimum €250), without prejudice to AutoSold’s right to seek further compensation or take additional legal steps. The dealer may also be excluded from the AutoSold network. This ensures the platform remains trustworthy for all users.
Fees and Commission
For Sellers, the use of AutoSold is entirely free of charge. The Seller may list their vehicle and receive our sales support without paying any commission or brokerage fee.
AutoSold’s revenue comes from the business side. When a sale is completed through our platform, the Buyer (dealer) pays a commission to AutoSold. This commission represents a percentage of the final agreed purchase price (excluding VAT unless otherwise stated) and is invoiced by AutoSold to the Buyer. The Buyer is required to pay this invoice within 14 days of the invoice date.
AutoSold will only charge this commission if a Purchase Agreement has actually been concluded and the vehicle has been transferred. In the event of cancellation or termination of the agreement (see above), AutoSold will not charge the commission to the Buyer. Instead, in such cases, the above-mentioned cancellation fee may be charged to the party at fault to cover our administrative costs and lost revenue.
Liability of AutoSold
AutoSold makes every effort to perform its services with care, but any liability is limited as described below. AutoSold accepts no liability for any damage resulting from the use of the platform or our services, unless such damage is caused by intent or deliberate recklessness on the part of AutoSold. In particular, AutoSold is not liable for any errors, inaccuracies, or omissions in the information provided by the Seller or Buyer on the platform or submitted to us. The content exchanged via AutoSold (such as vehicle descriptions, offers, and valuations) is for informational purposes only; AutoSold does not provide any warranty in this regard.
AutoSold is likewise not liable for any damage or costs arising from the failure of the Buyer or Seller to fulfill their obligations to one another (for example, if the Buyer or Seller withdraws from the transaction—see also Cancellation and Consequences). All transactions are conducted entirely at the risk of the Buyer and the Seller. AutoSold cannot guarantee that every transaction will proceed smoothly or that each Buyer or Seller will fulfill their obligations. Although we carefully select affiliated dealers, AutoSold does not accept liability for the actions or omissions of these third parties.
Insofar as AutoSold is nonetheless held liable despite the above, such liability is limited to direct damages and to the amount paid out in the relevant case by our insurance. Liability for indirect damages, consequential loss, lost profits, or any other extensive damages is excluded.
Indemnification
By using our platform, you indemnify AutoSold against any claims by third parties related to transactions you have conducted through AutoSold. This means that if a third party (such as a buyer, a previous owner, or a government authority) makes a claim against AutoSold because of a vehicle offered or information provided by you, you will protect AutoSold from that claim and any resulting damage, costs, or fines.
Specifically, if a Seller provides incorrect or misleading information about a vehicle, or if the Seller’s rights to the vehicle were unclear or incorrect (for example, if the vehicle turns out not to belong to the Seller, or is subject to a lien or seizure), then the Seller is liable for all resulting damages or costs. The Seller shall fully indemnify AutoSold in such a case. The Buyer (dealer) also indemnifies AutoSold against any third-party claims arising from use of the platform or from agreements concluded via AutoSold, insofar as such claims are not attributable to AutoSold.
Privacy and Data Use
AutoSold places great importance on your privacy. We treat your personal data confidentially and in accordance with applicable laws (GDPR). We use your data solely for the execution of our services, for example to contact you about the sale and to facilitate the transaction between the Seller and Buyer. Personal data is not shared with or sold to unrelated third parties. Only necessary information about Sellers and their vehicle (excluding name/address) is shared with potential Buyers, until a Purchase Agreement is concluded. At that point, contact details of both parties are exchanged so they can complete the transaction. For further details, please refer to our Privacy Policy.
AutoSold also uses cookies and similar technologies on the website, among other things to simplify photo uploads and to analyze website usage. See our Cookies Policy for more information.
Call recording: AutoSold may record phone calls for training purposes and to verify the quality of service and agreements made. These recordings are treated confidentially and are not stored longer than necessary.
Intellectual Property
All rights to the texts, images, logos, and other content on the AutoSold website are reserved. You may not publish or reproduce any material from our website without prior written permission, except as permitted by law.
When you provide your own content, such as photos or descriptions of your vehicle, you grant AutoSold the right to use this material as part of the service. This includes, but is not limited to, displaying the photos and information you provide to potential Buyers and storing them in our database. You warrant that the material you submit does not infringe on any third-party rights.
All intellectual property rights relating to the AutoSold platform—including but not limited to: software, processes, structure, layout, content, contract templates, communication formats, documentation, tools, and trademarks—are the exclusive property of AutoSold or its licensors.
You may not copy, publish, distribute, modify, resell, or otherwise use or reuse any of these elements without prior written permission from AutoSold, except as strictly necessary for the use of the platform in the context of the services offered via AutoSold.
In addition, the Buyer is bound by an express duty of confidentiality regarding the operation, structure, processes, pricing, and other internal information of AutoSold. The Buyer is prohibited from sharing this information with third parties, including other car dealers, platforms, consumers, or the media.
It is also forbidden to develop a competing service based on access to the platform or insight into AutoSold’s internal methods, to engage in reverse engineering, or to assist third parties in doing so.
In the event of a breach of the intellectual property or confidentiality provisions, the violator will owe an immediately payable penalty of €5,000 per violation, plus €500 for each day the violation continues, without the need for a notice of default. This does not affect AutoSold’s right to seek additional compensation.
AutoSold reserves the right to immediately terminate access to the platform and take legal action in the event of such a breach.
Disputes and Applicable Law
Disputes between Seller and Buyer: AutoSold expects the Seller and Buyer to make reasonable efforts to resolve any disputes or complaints related to the transaction through mutual consultation. Upon request, AutoSold may act in a mediating capacity and make reasonable efforts to bring the parties together, but we cannot guarantee a resolution. Please note that the Purchase Agreement is a contract between the Seller and Buyer; any legal warranty claims or complaints about the vehicle should be directed to the counterparty, not to AutoSold. Problems or disagreements that arise during the sales process should preferably be reported to AutoSold as soon as possible. We will then attempt to assist or provide advice.
Disputes with AutoSold: All agreements with and services from AutoSold are governed by Dutch law. Any disputes between you and AutoSold that cannot be resolved amicably will be submitted to the competent court in Leeuwarden, the Netherlands. The applicability of the Vienna Convention on the International Sale of Goods (CISG) is excluded.
(AutoSold will, where possible, accommodate consumers by submitting complaints to mediation or a suitable disputes committee first, if applicable. This does not affect your right to bring your case before a court at any time.)
Final Provisions
If any provision of these terms and conditions is found to be void or unenforceable, the remaining provisions shall remain in full force and effect. In that case, the parties shall consult to replace the invalid clause with one that comes as close as possible to the original intent.
AutoSold may amend or supplement these terms and conditions from time to time. The most recent version will be published on the AutoSold website. In the case of substantial changes, AutoSold will attempt to notify you (for example by email or during your next use of the service). If you continue to use our services after the changes, the amended terms will apply from that moment onward.