Engine Damage: Crankshaft Gear Failure

5 months after selling the engine from my car that was involved in an accident.
The mounting screw of the countershaft gear (on this engine - in the buyer's car) is broken.
Do I still have to take the blame for this? Can this deficiency already be...?
beim Verkauf vorgelegen haben? Ich weiß - etwas off-topic, aber rein technisch gesehen: wie lange äußert sich ein Problem an dieser Verschraubung (wenn überhaupt), bis es zum Motorschaden kommt. Ich
I would be grateful for a contribution from your side.
Best, Jan.

Of course, you don't have to take the blame, since you didn't know anything about it.
It's certainly frustrating for the buyer of the engine, but this can happen to anyone. If you want to avoid such problems, the only solution is to get an original AT engine from VW, which comes with a warranty, but you'll also have to pay accordingly!

Best regards, Albrecht.

Hi there!


Since I also need a different engine and have been searching for one, I wanted to briefly mention that VW engines are not more expensive than AT engines from other suppliers.

He was also surprised!

Of course, you don't have to take the blame for this. You're not a dealer, and you can't guarantee what you're selling. I assume you told him that the machine came from a vehicle that was in an accident?! Perhaps it had front-end damage? In that case, the buyer should be aware that the engine may also have been affected.

hi Doc,
The key issue is the warranty law, which has been in effect since January 1, 2002.
Power. If you are an entrepreneur and deal with new or used goods, ...
If you purchase something, you are obligated to provide a 2-year warranty on the product.
You do not limit the G. to 1 year in the terms and conditions.

If a defect arises, the legislator assumes that this defect already existed at the time of the sale. During the first six months, the burden of proof that the goods were free of defects at the time of sale lies with the seller. After that, as before, the buyer must provide the proof.

Does this engine problem, specifically the broken screw, indicate wear and tear that is not covered by the warranty conditions?
It is likely that an expert will now need to analyze (which is very expensive - I don't want to take that risk!) whether the screw may have loosened some time ago (having already been driven 10,000 km) and then subsequently broken due to excessive stress.
I am aware that someone has already filed a lawsuit against a workshop.
whose repair at the crankshaft stub did not last long, resulting in the valves opening again, but that is a different matter.
Perhaps someone can help me.
Best, Jan.

Hello Jan,
Did you sell the engine privately or as a business?
According to EU law, the warranty does not apply to private sales.

Best regards, Rudi.

@Jan
Hm, I assumed you sold the engine as a private individual. If not, the whole situation looks different. That wouldn't be good for you .
I don't think this falls under 'normal wear and tear.'

Hello,

A private individual is only liable if they were aware of the defect before the sale, or if the defect should have been known to them. In this case, the burden of proof regarding whether the seller knowingly acted in a certain way lies with the buyer.

Whether it's for a private individual or a business!
If the buyer built the engine themselves, you're practically out of the running!
This isn't about something as simple as, for example, brake discs!

The buyer has to first prove that you knew about the 'broken' phone.

No matter where you buy something, no one is liable for damages resulting from improper installation!

Sure, here is the translation of the text from German to English:

'Hello'

@ TDIBubi

That's not correct. According to the new law, the seller must prove within the first 6 months that the defect did not already exist at the time of sale.
Previously, the buyer had to prove that the item was sold as defective.

The buyer is now quite well protected, assuming Jan didn't sell it as a private individual.

Sure.

It definitely matters whether the sale is commercial or private, because in a commercial sale, the burden of proof shifts completely. In a private sale, as mentioned, it must be proven that the seller knew or should have known about the damage (which, in this case, would likely be difficult to prove in either scenario).

In my opinion, it's clearly wear and tear when the screw breaks off. This kind of thing happens very gradually. There's no way to know for sure whether the screw will break or not.

If it was only the first screw, then that could already have happened.

The bolt would have loosened earlier. In that case, the valves would likely have opened, and the bolt wouldn't necessarily have sheared off. Many people reported issues with altered valve timing and the engine not starting due to a loose bolt.

If, however, you've already replaced the screw before, things probably look bad.

Hi,
This afternoon, I spoke with a certified expert. It is doubtful that the defect in the pulley mounting occurred suddenly. His suspicion is that the screw was loose (…with the consequence that it broke).
In any case, the cost of the expert opinion would exceed the amount required for the necessary repairs (replacement of the engine or, if possible, repair).
The outcome of the expert opinion is, in any case, not predictable in advance.

'Due to the potentially arising costs, including legal fees,'
Gerichtskosten und Laufereien, zum Reparaturaufwand in keinem Verhältnis mehr stehen, hat man als Gewerbetreibender mal wieder - zu Unrecht - das Nachsehen. You're welcome.
Best, Jan.

If the screw was supposed to be loose, then the pulley should have loosened as well. Therefore, the engine either wouldn't have run or would have run very poorly. This means there must have been problems before the breakage occurred.

Just a brief note regarding the legal situation:

I once read that a business owner is always liable. For example, even an independent baker is liable under the new warranty law if they sell their private vehicle.

Possible workaround: Sell the vehicle to the wife beforehand, who is not financially independent!

Best regards, D.

hello Dirk & D.,
The buyer also mentioned poor performance over the phone, prior to the damage occurring.
However, the buyer is always on the safe side. Considering two alternatives:
'The problem (poor performance) existed from the very beginning.'
Conversely, one could argue: why wasn't the defect reported? This constitutes a violation of the duty to mitigate damages.
'The problem only manifested itself recently.'
Therefore, the screw loosened only after the sale.
It's better for him to deny everything.
'There are dealers who sell used cars on a consignment basis, essentially as if from private individual to private individual, or continue to exclude the warranty, hoping that the customer is unaware.'
I have the possibility to rebuild this engine, but the time involved is significant!
Best regards, Jan.