I put a laptop on ebay ads for 300 euro a while ago. The seller has contacted and agreed to test. A friend of his has come and looked at everything and should take the laptop for his friend, if all is well. The friend examined the laptop for almost half an hour and finally bought it.
All defects were described in the ad. After two months, the buyer logs in and says that the graphics card is broken and he does not get a driver to install. Everything had worked for me, I had told him. I do not know exactly what to do. He wants to fix it, which costs. I'm not sure if I should pay for this? What should I do if he wants his money back?
In the article description I said that redemptions are excluded, but there are exceptions.
But that would not be an exception?
In the article description I said that redemptions are excluded, but there are exceptions.
And which? You must have written that, right?
If you have not effectively excluded in the ad warranty, what you may as a private seller, well, then this is particularly stupid / stupid for you!
Then you are liable under the warranty.
And if that worked at that time does not matter!
In the first 6 months after the purchase, YOU have to prove everything, not the buyer.
The buyer now has the right to repair or reduction.
If the rework does not work twice, the buyer can withdraw from the purchase.
A withdrawal must be excluded, because there's no right to it.
What you should have done, however, would have been to exclude the warranty. Apparently you have not done so, so that the buyer rightly complains the now occurred deficiency. Whether the laptop was still okay with you does not matter.
The buyer now has a right to remedy the defect. That is, he sends you the laptop, you have him repaired and send him back. The cost of everything you wear.
In the first 6 months after the purchase, YOU have to prove everything, not the buyer.
No, that is only correct when buying from a commercial seller.
With the purchase under private persons there's no burden of proof reversal according to BGB, here the buyer must prove also within the first 6 months that the lack of purchase at least in the beginning was present.
Thank you, yes sorry, private sale, then of course the burden of proof reversal according to § 476
Does not mean I have to pay for the repair?
Exceptions would be, for example, if it had broken during shipping.
But if the buyer can credibly prove the defect, if necessary with an expert
Does any damage that comes now in two years mean I have to pay for the repair?
This means first that the buyer would have to provide just that proof, he will not be able to.
I would kindly but definitely inform him that I take no cost and I would be further contact in this regard.
Was it meant that it only applies if the buyer proves that the mistake already existed when buying?
No, not automatically.
The buyer must prove that the defect was already present at the time of purchase.
If he can do that, the buyer is entitled to the warranty rights.
Therefore private sellers exclude these warranty rights in the advertisement and optimally also in the sales contract.
You can find the sentence on Google!
Right, but he will not be able to provide this proof after 2 months.
Does not mean I have nothing until he could not prove it? And this disclaimer simply says if he finds fault and proves that it was not specified and existed before the sale, I do not have to pay for it?
If so, I understood!
Wait, now I'm confused with it myself
