Moin, I want to sell my Playstation, but I'm only 17 and not 18 years old, could I still sell it with my parents' consent? Does this consent have to be in writing or is it also oral? What if the seller wants to sell me a defect and claims that, for example, the Playstation is louder? Will my parents be responsible for me then? Is it enough if I stand under the advertisement --- That the buyer agrees to the exclusion of any warranty, guarantee and return with the purchase, since it is a private sale?
I look forward to your answers, thanks in advance!
If the parents agree, it works. You don't need to write it in writing, but it can be an advantage
Selling at 17 and selling without warranty then nothing can happen to you
I asked the question so badly and forgot to write that I want to do it online and only via collection e.g. Ebay classifieds
Sure it works. Especially when I understand correctly, to be picked up.
Leave them clamped, show them off, then you have the subject, they don't work off the table.
Yes it works anyway
What speaks against the fact that the Play-Stations are not sold directly by your parents as the seller and then give you the money?
You would like to know:
… Not 18 years old, could I still sell them with my parents' consent?
Basically yes! You can take a look at what you have to pay attention to here:
When children make contracts
You can find detailed information here:
https://www.anwalt.de/rechtstipps/wenn-kinder-vertraege-schliessen_068468.html
Wherever there's trade, there's also ripping off!
To protect themselves from expensive surprises, private sellers should do the following:
Create a fully completed sales contract in duplicate!
Make a copy of each purchase contract, invoice, etc. And keep it. The buyer gets the original papers!
Free to download: General sales contract from private
https://bilder.markt.de/cmsfiles/vertrag/allgemeinerkaufvertrag.pdf
You would like to know:
What if the seller wants to sell me a defect and claims that, for example, the Playstation is louder? Will my parents be responsible for me then?
Good to know:
You probably mean buyers, not sellers.
If an effective purchase contract is concluded based on the consent of your parents, this of course also applies to the buyer's rights in the event of material defects.
You would like to know:
Is it enough if I stand under the advertisement --- That the buyer agrees to the exclusion of any warranty, guarantee and return with the purchase, since it is a private sale?
Good to know:
Private sellers can exclude the statutory liability for material defects (earlier warranty).
The guarantee is a voluntary additional service by the seller! However, what is voluntary does not need to be specifically excluded.
There's no statutory provision that obliges the seller to take back the purchased item. (Incidentally, this also applies to commercial dealers).
Important to know:
The exclusion of the statutory liability for material defects is not a license to "sell scrap".
The private seller is also liable for material defects that already exist when the purchased item is handed over!
It is his responsibility to ensure that the item is free from material and legal defects.
For example, a legal deficiency would exist if you, as a seller, were selling your brother's property.
Conclusion: Only material defects can be excluded that arise after the sale and were not previously apparent to the seller.
Example:
You're selling your used car. After 3 months, the buyer complains that the clutch was worn out and had to be replaced with a new one. He would now like to have the money for the repair replaced.
In this case, the exclusion of material defects would be effective. The legislator assumes that a private seller - in contrast to a used car dealer, does not have the necessary specialist knowledge and does not need to be able to assess the condition of a vehicle clutch.
My tip: You are on the safe side with the following formulation!
As a private seller, I exclude liability for material defects within the framework of the statutory provisions.
Payment for the goods:
19 days ago you claimed to have paid for the purchase through PayPal. To be honest, that surprised me, as only fully legally competent persons (18 years and over) are allowed to use PayPal services according to the terms and conditions. But maybe you paid through a friend's PayPal account.
The PayPal Terms of Use:
Children are not allowed to use our services and we ask that minors (under the age of 18) do not submit any personal data to us or use the PayPal services. "PayPal clearly states that minors are not allowed to use the service.
https://www.paypal.com/...ement-full
Good to know:
If the sale of your PS is carried out via eBay classifieds again, the new eBay classifieds payment system might be a good option for you.
In contrast to PayPal, "Selling safely" is even free of charge for the seller!
You can find detailed information here:
https://themen.ebay-kleinanzeigen.de/sicher-bezahlen/verkaeuferschutz/
Extremely big thank you. I appreciate that you took a lot of time to do this.
Leave them clamped, show them off, then you have the subject
it doesn't work off the table.
If only reality would look like this…
Because the buyer can still say "does not work".
Could I still sell them with my parents' consent?
Certainly. At the flea market, for example.
Not on eBay or eBay classifieds, you have to be 18 to do this.
Is it enough if I stand under the advertisement --- That the buyer agrees to the exclusion of any warranty, guarantee and return with the purchase, since it is a private sale?
No, not enough.
Wouldn't be legally valid anymore & would still be liable.
I do that with witness or photo…
