'Bought as seen': is the private seller still liable?
In a private purchase, car, furniture, electronics, it often says 'bought as seen, excluding any warranty'. That is generally allowed. But this exclusion does not protect the seller in every case: in case of fraud or false promises, they are still liable.
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What you should do now
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1. Check the defect and promises
Was the defect concealed even though the seller knew it? Were there express assurances (e.g. 'accident-free', 'no defect')?
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2. Secure evidence
Compile the listing, chat history, purchase contract and proof of the defect.
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3. Check commercial activity
Does the person sell regularly or many items? Then they may be an entrepreneur, and an exclusion would be invalid.
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4. Assert your claims
If deceit or an assurance is present, demand subsequent performance, reduction or reversal in writing with a deadline.
Frequently asked questions
Does 'bought as seen' always apply?
No. Private sellers may exclude the warranty, but the exclusion does not apply to fraudulently concealed defects or expressly assured qualities (§§ 444, 442 BGB). Also, if the supposed private seller is in truth acting commercially, the exclusion is invalid.
What is fraudulent concealment?
The seller knows a significant defect (e.g. accident damage, a hidden fault) that you cannot recognize and deliberately conceals it, or makes false statements about it. If you succeed in proving this, you can assert rights such as reversal or reduction despite the warranty exclusion.
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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.