Pass on private warranty?

Da
4

So I bought a notebook and got a private warranty for 3 months. If I resell the notebook, can I pass the warranty on to the customer?

ga

I do not think so. You have to give this private guarantee yourself.

I can't imagine that it's so easily transferable. (It's just a guess. The consumer advice center will surely be able to see you clearly.)

Op

The right people have met again. A private seller can contractually completely exclude the so-called "guarantee", but can't shorten it to 3 months.

However, a (voluntary) guarantee can possibly be assumed here. But it depends on what exactly was agreed. Whether claims can be assigned to a subsequent buyer depends on what exactly was agreed and how this agreement is to be understood.

As a seller, you are primarily liable for a warranty vis-à-vis your buyer. However, as a "private seller" you can contractually exclude the "guarantee" or limit it to 1 year for a used item. If you do not do this, you are liable for 24 months for all defects that were already attached to the item at the time it was handed over to your buyer (but not for those that only arose after it was handed over).

In the case of private sales, the "guarantee" for the buyer is generally of little value. Ultimately, in the event of a dispute, he not only has to prove that there's a material defect at all (he always has to), but also that it was already there when the article in question was first handed over to him. In the vast majority of cases, however, such a proof can only be provided with great difficulty or not at all.

Finally, as a precautionary measure, a little hint to all those who now want to write something about the so-called "reversal of the burden of proof: This only occurs when a consumer buys from an entrepreneur, but not also with private sales.

St

I hate to contradict you. But of course, as a private seller, I can give a 3-month warranty. Who should stop me? I have already done a similar thing. Handy sold with the assurance that if something was wrong with it in the next 3 weeks, I would take it back.

Op

Correct and makes sense. If I can completely rule out the "guarantee" as a private seller, it obviously makes no sense not to be allowed to grant 3 months voluntarily. I hadn't thought through to the end.