December 2025 – Alternative distribution
models based on direct sales to consumers can be carried out with
the varied involvement of traditional dealers. This means, among
other things, producers taking on a significant number of consumer
law obligations previously borne by dealers. In any event, the
actual liability of producers in relation to direct sales depends
on the respective contractual terms between manufacturers and
agents.
For example, in Austria, the differing contractual terms between
a producer and agent, and an agent and customer, can lead to the
following scenarios: a) a commercial agent selling vehicles in the
name of the manufacturer while the manufacturer as the seller
remains fully liable in terms of contractual liability, b) a
commission agent selling vehicles (without owning them) in its own
name with full contractual liability towards the buyer, c) the
authorised dealer, as the owner of the given vehicles, having full
contractual liability
