I have sold my old laptop on eBay classifieds and did not mention in the description that from time to time a battery error message was displayed, namely that this must be replaced. Now the buyer says, the battery would have been well before buying broken and I would have known. What is the legal situation in Germany? The laptop still works fine, only the error message is displayed.
Since you have not explicitly mentioned this error, this looks like a shortage on delivery and the warranty applies.
"Now the buyer says, the battery would have been well before buying broken and I would have known."
Whether you knew it does not matter. In the first 6 months after delivery there's a reversal of the burden of proof and you have to prove that the battery was NOT defective.
So the question is whether, as a private seller, you have effectively ruled out the statutory warranty. Then it would be "bought as seen" and with an old laptop would be expected that the battery is limp.
In the first 6 months after delivery there's a reversal of the burden of proof and you have to prove that the battery was NOT defective.
This is wrong: In a purchase from private to private, there's no reversal of the burden of proof within the first 6 months, here always bears the burden of proof.
Well, given the probably manageable purchase price, I would say, this is not a new device. The buyer must also have known that the battery is a wear part…
The question is, whether he argues that you must have known that the battery is already defective and / or that you were aware that this was a noteworthy shortcoming (e).
I would offer the buyer a reasonable discount. Otherwise the free return and return of money for him. Is not he on it, that's his problem…
Not to mention:
A battery is a wearing part. There can be no question here of a "defect" in the conventional sense.
In this case, it is more questionable if there's a "guarantee" at all (at most on the battery and not on the LT), especially if it is still a sale "from private to private".
That here willedness is assumed, does not open to me.
Even if you as a private seller excludes the warranty (this you have to do extra is not automatically the case when you sell private).
If the thing is the description must correspond, if you do not mention a defect although it was already on sale, then this is generally considered fraud and the buyer may require the repayment (you must pay all costs and the return itself).
If you have not excluded the warranty effectively, then the legal warranty of 24 months (yes also for used goods, as long as you do not shorten explicitly to 12 months)
Take the laptop back on Monday and pay the buyer 10 euro more than the purchase price. Is that justified?
Thank you for your correction, I always did it wrong. * * Rotanlauf
If your buyer agrees: Of course.
