Unlike commercial vendors, private individuals may limit their liability or exclude it entirely – but not without limit. A complete exclusion is possible only for used writing instruments; a wording such as “I am selling this writing instrument with all liability excluded” suffices for that. For new goods, by contrast, liability cannot be excluded, and the statutory warranty period (Gewährleistungsfrist) is at least one year even in a private sale under German law (Privatverkauf). Just as little can the right to withdraw from the contract of sale in the case of defective quality after a failed repair, or the reimbursement of the costs of a complaint, simply be struck out.
What is decisive is that warranted characteristics (zugesicherte Eigenschaften) are adhered to and that all defects are listed. An exclusion of liability holds only where the description contains no warranted characteristics at all. If the seller fraudulently conceals defects, the exclusion is ineffective under §444 of the German Civil Code (BGB). Not to be confused with this is the return of goods without giving reasons within fourteen days: a private seller can effectively exclude this right.