(sorry for using English, my German is not good enough for this type of post).
I saw this posted on Willhaben, and if I understand correctly the seller states he is not offering warranty? I assumed this would naturally be the case as it’s a private sale.

Is this statement now required, if I were ever to list and sell something privately would I also need to make the same disclaimer? Otherwise would I be held legally liable to offer some sort of private sale warranty/insurance? Or is this nonsense?

Danke!

by Feed_Me_Freedom

5 comments

  1. It doesn’t have to be that wordy but a simple: Keine Gewährleistung, Garantie, Rücknahme is a good idea on all private sales.

  2. > Is this statement now required, if I were ever to list and sell something privately would I also need to make the same disclaimer? Otherwise would I be held legally liable to offer some sort of private sale warranty/insurance? Or is this nonsense?

    I’m not aware of any legal *requirement* to put up a disclaimer like this. By default there’s warranty attached to every sale, private sales may however explicitly exclude any warranty – so yeah, I’d include a small disclaimer in any case, since you’re probably not interested in having anyone ever come back with a warranty claim. Doesn’t have to be an entire paragraph, something along the lines of “Der Verkauf erfolgt unter Ausschluss jeglicher Gewährleistung.” should be sufficient.

  3. It has been required for years now if you don’t want to be liable as a private seller.
    The way this seller phrases it is excessive.

  5. No, it’s not required. But you are legally allowed to exclude warranty on a sale from consumer to consumer, and it might prevent some conflict if you do. You don’t need to copy-paste this questionable legal bullshit that’s many years old, though. Just write that you’re selling it without “Gewährleistung”.

    Generally, “Gewährleistung” is meant to cover hidden defects that were present *at the time of purchase*.

Leave a Reply