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Classified ads are among the most popular platforms for secondhand items. Whether it's furniture, clothing, games, or electronics—just upload a photo, write a few lines, and you're ready to start selling. For private individuals, it's quick and easy.
But this is precisely where a common mistake is made. Many sellers believe they have protected themselves legally—and use a sentence that does not actually offer any real protection. In the worst case, they may still be liable for defects despite the notice.
The most common mistake in classified ads
Often, phrases are simply copied from other advertisements, as if previous use would provide security. For example, it might say:
"Under new EU law, as a private seller, I must point out that I cannot provide any guarantee or warranty."
The problem: Legally, this wording is practically useless. The notice does not meet the requirements for effectively excluding statutory liability for material defects. If a dispute arises with a buyer at a later date, this wording may therefore be ineffective.
The correct wording for the disclaimer
Private sellers who sell used goods and do not want to be liable for subsequent defects must state this clearly. According to Stiftung Warentest, the legally secure option is as follows:
"The sale is made with the exclusion of any liability for material defects."
This is pointed out by Stiftung Warentest, among others. This sentence clearly states that the buyer accepts the product as it is offered.
Other formulations, on the other hand, may be too vague in an emergency—and therefore not hold up in court.
A second sentence may also be important
Stiftung Warentest also recommends an additional supplement:
"Liability for damages due to injury to health, body, or life and grossly negligent and/or intentional breaches of my duties as a seller remains unaffected."
The background is surprising: if someone sells multiple times using the same clause, it can legally be considered a general term and condition.
And stricter rules apply to such conditions. If there is no reference to possible claims for damages, the entire disclaimer may become invalid.
Sellers who regularly offer items via classified ads should therefore use both sentences.
Honest description remains mandatory
But even with a disclaimer, sellers are not completely off the hook.
It goes without saying that anyone who conceals defects or provides false information is still liable. The description of an item must therefore be accurate and complete.
Scratches, defects, or signs of wear should always be clearly mentioned. Photos also help to show the condition transparently.
This not only provides legal protection, but also reduces disputes with buyers.
A critical look at everyday life in classified ads
It is interesting to note how stubbornly the false "EU law" clause persists on the internet. Although it has little legal effect, it appears in thousands of advertisements.
This highlights a typical problem in the online world: phrases are simply copied without checking whether they are even correct. Ultimately, sellers rely on supposed protection that, in serious cases, is not protection at all.
More information would therefore be useful, especially on platforms with millions of private sales—otherwise, the most popular legal advice on the internet will remain one of the most incorrect.
Sources: techbook.de, test.de
If you sell items on classifieds sites, you should make sure to use a legally valid disclaimer and always describe your items accurately. If you’re already having issues with a buyer or want to ensure that your sales are legally protected, you should have your specific situation reviewed.
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