January 2, 2025, 9:00 am | Read time: 3 minutes
Kleinanzeigen is still one of the most popular second-hand online markets in Germany, as the platform is particularly user-friendly. The liability for material defects for private sellers can be excluded with a single sentence. Nevertheless, many sellers use the wrong wording. TECHBOOK reveals which sentence puts you on the safe side.
You can browse through an almost infinite number of advertisements on Kleinanzeigen, formerly Ebay Kleinanzeigen. Especially for private sellers, this online marketplace offers an excellent platform to quickly and easily sell items they no longer need, from clothing and games to books and furniture. As a private seller, you also have the ability to exclude liability for potential defects. However, many clauses intended for your protection are often worded incorrectly or inadequately. If you carelessly copy these liability exclusions for your own ad, you may ultimately find yourself liable.
Overview
Exclude Liability for Material Defects with One Sentence
“According to new EU law, as a private seller, I must point out that I cannot assume any guarantee or warranty.” This sentence is supposed to protect private sellers when selling classified ads. However, it fails to do so. To avoid liability for defects when selling used items on internet platforms like classified ads, one must effectively exclude what’s known as liability for material defects.
The legally safe wording for this is: “The sale is made under the exclusion of any liability for material defects.” Stiftung Warentest, among others, points this out. Other phrasings, however, may not offer unequivocal certainty. Should a buyer complain about something, such a clause would then be ineffective.
This Sentence Provides Additional Security
In addition to the appropriate wording, the product testers also recommend the following addition: “Liability for damages due to injury to health, body or life and grossly negligent and/or intentional breaches of my obligations as a seller remain unaffected.” This additional clause is especially crucial for private sellers who occasionally list items for sale on classified ads or similar online marketplaces.
The rationale is as follows: if an individual lists a product three times with the same disclaimer clause, the wording then qualifies as general terms and conditions (GTC) for private individuals, as explained by the product testers. Furthermore, there are stricter requirements for general terms and conditions. The exclusion of liability for material defects is ineffective if the supplement on claims for damages is missing. Therefore, if you wish to avoid liability on classified ads, you should not omit this second sentence.
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Liability for False Information in Classified Ads
Many private sellers may not be aware that when selling online, the item description must be accurate. Any weaknesses and defects in the goods must be accurately described in the listing; failing to do so means sellers can be held liable even if they have excluded liability for material defects. This regulation is intended to protect buyers from false information and attempted fraud by sellers.
Detailed photos of the products help to correctly represent the condition of the goods. Nevertheless, any defects should also be listed in writing. Honesty and thoroughness are sure to yield benefits in the long run. A transparent listing makes buyers more likely to accept even minor, less noticeable defects.