Selling used parts brings two things together: a single item with a history, and a buyer with an expectation. The law does not resolve that tension through exclusions of liability but through the agreed quality — that is, through what you described in the listing.
Statutory liability and guarantee are not the same
| Statutory liability for defects | Guarantee | |
|---|---|---|
| Basis | The law | A voluntary commitment |
| Who owes it | The seller | Whoever gives it — manufacturer or seller |
| Content | The item must be free of defects at handover | Whatever the guarantee declaration says |
| Can it be excluded | Only to a limited extent towards consumers | There is no duty to give one at all |
Selling to consumers
Sales to consumers follow the consumer sales rules. For used goods three points matter in practice:
- Liability cannot simply be excluded. A blanket exclusion or a formula such as „sold as seen“ is ineffective towards a consumer.
- The period may be shortened for used goods, but only under narrow conditions: the consumer must be specifically informed before making their contractual declaration, and the shortening must be expressly and separately agreed. A line in the small print does not suffice.
- Within the first months after handover it is presumed in the buyer's favour that a defect appearing was already present at handover. That presumption reverses the burden of proof — which is why documenting the condition at handover is so valuable.
Selling to businesses
Selling to commercial buyers — workshops, dealers — leaves considerably more room. Excluding liability for defects is generally possible, though not without limits in standard terms: certain areas of liability cannot be contracted away by form clauses even towards businesses. Anyone using standard terms should have them checked once by a lawyer — and then leave them alone.
Distance selling: the right of withdrawal
Selling to consumers over the internet, by telephone or by email creates a distance contract. Consumers then generally have a right of withdrawal — regardless of whether the part is free of defects. Informing them about it is mandatory; where the information is missing, the period extends considerably. In practice: a proper withdrawal notice is not formalism but risk limitation.
What to document in the business
- Condition at removal, with date and photos.
- Donor vehicle via the VIN including mileage.
- Scope of delivery: what was included and what expressly was not.
- Listing text and images as at the time of sale — not just the current version.
- Notices you gave, for instance about coding required for a control unit.
These facts arise anyway when part capture runs cleanly — see Part identification: from removed component to sellable record. The difference is whether they are archived at the point of sale or lost.
A note on safety-relevant components
Individual component groups carry additional requirements or restrictions — depending on the component, from registration law, from product-related rules or from manufacturer specifications. Which components are affected, and to what extent, has to be clarified case by case. A blanket „always fine“ is as wrong here as a blanket „never allowed“.
Sources and legal references
Frequently asked
Can I exclude liability on used parts?
Not towards consumers. Shortening the period is possible for used goods under narrow conditions, but requires specific prior information and an express, separate agreement.
Does „sold as seen“ help?
Not towards consumers. What helps is an exact description of what is delivered — including its defects.
Must I grant a right of withdrawal?
In distance contracts with consumers there is generally a right of withdrawal, about which proper information must be given.
How long should I keep listing texts and photos?
As long as claims can be brought. Since that varies case by case, generous archiving is the simpler solution — it only costs storage.
This article is general professional guidance and does not replace legal advice. The applicable statute and the conditions imposed by your competent authority prevail.