Yesterday I sold my notebook on eBay.
I have clearly written in the description that the Hdmi defect and problem is unknown.
He looked at it and took it with him.
and today he writes me that the graphics card is broken and that I have not mentioned it.
I also wrote clearly that there's no guarantee or return
he says either I give him his money back or he turns on his lawyer.
can he do that or would it bring him anything?
I added a photo with a shrink.
I think you have nothing to fear. You wrote no guarantee and redemption and he looked at it, you should be on the safe side.
I have no idea about technology, but if that is a big problem with the graphics card, I might return some of the money to him.
Wrong he did not exclude the guarantee
Exclude guarantee brings you original 0.0%. I repeat myself: If you do not exclude the guarantee, you must be liable for defects under German law.
What guarantee he looked at and tested the laptop and only then took it with him
Yes and now he will say there was something broken. Liability for defects please. You haven't ruled them out so you have to stick if he can prove it.
First of all, it is good that you have uploaded the sales text.
You offered the part from 'fully functional' (except for the HDMI connection), the buyer criticized a defective graphics card. This is a material defect. It has nothing to do with the senseless exclusion of a guarantee or the withdrawal.
It makes no sense because a guarantee is given voluntarily. You can't rule out what you don't give. And there's no right of withdrawal.
What you should have ruled out would have been the guarantee. You didn't do that. It is therefore irrelevant whether the graphics card was defective in your case or whether it only happened to the buyer. For six months you have been responsible for ensuring that the laptop functions as offered.
The buyer should first provide you with proof that the graphics card is really defective. If he can, you are obliged to make improvements. He can't claim his money back. The lawyer, who is always happy to intimidate him, can't help him.
What guarantee he looked at and tested the laptop and only then took it with him
The legal guarantee, in which the seller has to prove up to six months after the sale that a condition deviating from the description only occurred after the purchase. It has nothing to do with 'testing and watching'.
Yes and now he will say there was something broken. Liability for defects please. You haven't ruled them out so you have to stick if he can prove it.
It is much worse: the seller has to prove that the defect was not already there during the sale. It is almost impossible.
With private sales, the buyer has to prove that, I mean. I'm just looking for the source.
Edit: "Although the buyer always has to prove to a private seller, unlike a dealer, that the defect already existed on delivery, but since the preliminary stages of engine damage can lead to warranty claims, this is a rather weak consolation. The risk remains high." Maybe I can still find the paragraph.
I have no idea about technology…
And neither from the correct exclusion of liability for defects.
