You Might Be Thinking…

“If I already have the item, the paperwork doesn’t really matter.”
But documents are often essential for lawful use – without them you risk problems with authorities, losing warranty rights, or being unable to resell the item legally.

Clients Often Ask Me…

• Which documents is the seller obliged to provide?

• Must they always be handed over at the same time as the goods?

• What if documents are missing or invalid?

• How are documents handled for imported goods?

• Can the buyer refuse delivery without documents?

Legal Framework in Brief

• Section 2094 Civil Code: The seller must deliver the documents necessary for the buyer to take over and use the item.

• If the purchase price is due upon delivery, documents must be handed over at the same place.

• Transport documents must be handed over without undue delay after their issuance.

• Other agreed documents → delivered together with the goods.

Typical Documents by Type of Goods

• Car: registration certificate, emissions report, service logbook.

• Real estate: title deed, survey plan, energy performance certificate.

• Machinery: operating manual, warranty certificate, conformity certificates.

• Imports: customs declarations, shipping documents.

Risks and Common Mistakes

• Missing documents = defective performance. The buyer may claim rights from defects.

• Invalid documents → e.g., forged registration papers for a car.

• Delayed handover → the seller must not unnecessarily postpone delivery of documents.

• No contract clause on documents → disputes over what the seller had to provide.

Lawyer’s Checklist

✔ List all required documents in the contract.
✔ Set the deadline for handover (together with the goods).
✔ In imports, agree who provides customs paperwork.
✔ If documents are missing, enforce rights for defective performance.

FAQ

Can I refuse delivery without documents?
Yes, if the documents are essential for use (e.g., car registration certificate).

What if documents are delivered later?
That’s possible, but the seller must act without undue delay and in line with the contract.

Is there a difference between mandatory and “agreed” documents?
Yes – mandatory ones follow from law, additional ones can be agreed in the contract.