Key legal question
Whether the seller expressly warranted that the car was accident-free
Extracted holding
The brochure and pre-contract statements did not amount to a warranty of accident freedom; they were advertising statements or at most subjective assumptions.
Extracted reasoning
A warranty under Art. 197 OR requires an objectively verifiable assurance on which the buyer may rely. The listed statements were promotional and the contract did not tick the accident-car box.