Additional information for private individuals on Suchen.Expert
Legal rules and Suchen.Expert's usage policies also apply when the service is used purely for private purposes.
Private users should take particular care to publish only items and content they are legally entitled to offer, provide truthful information and respect the rights of other people.
Suchen.Expert provides the technical platform for listings, connecting users and communication. Responsibility for each offer and for agreements made between users generally remains with the users involved.
1. Offer only items you own or are legally entitled to dispose of
As a rule, offer only items that belong to you or that you are entitled to dispose of with the consent of the person entitled to them.
When selling a movable item, the purchase contract must be distinguished from the transfer of ownership. Under section 929 BGB, transferring ownership generally requires agreement and delivery of the item.
For example, anyone selling on behalf of a family member or another person should ensure that they are actually authorised to do so.
In particular, do not offer items:
that have been stolen,
whose origin is unclear,
that have only been borrowed or rented,
that are subject to retention of title and may not be resold, or
over which the provider may not dispose for other reasons.
Suchen.Expert's usage policies must also be followed.
2. Found items do not automatically become the finder's property
This point is particularly important for Suchen.Expert.
Finding and taking possession of a lost item does not automatically make the finder its owner.
Under section 965 BGB, a finder must generally notify the person who lost the item, its owner or another person entitled to receive it without undue delay. If these persons are unknown, a find worth more than EUR 10 must generally be reported to the competent authority.
The finder is also generally required to keep the found item safe.
Subject to the conditions of section 973 BGB, ownership may generally pass to the finder only six months after the proper report of the find, if no person entitled to receive the item has come forward or their right has become known by then.
An item posted as “Found” on Suchen.Expert must therefore not be sold or given away as the finder's own property merely because it was found.
The “Found” function is intended to make it possible to return an item to the person entitled to it.
3. Bartering
In a barter, each party receives an item or another agreed performance instead of a purchase price.
Under section 480 BGB, the rules governing purchases generally apply accordingly to a barter.
For this reason, even in a barter, the parties should in particular:
describe the items being exchanged clearly,
state known defects,
clarify accessories and condition,
agree on handover or shipping, and
document important arrangements.
A barter may also be legally binding. The parties should therefore not assume that a transaction is non-binding merely because no money changes hands.
4. Giving items away
A gift generally exists when one person enriches another from their assets without payment and both parties agree that the transfer is gratuitous. This is governed by section 516 BGB.
A mere promise to make a gift is subject to special formal requirements. Section 518 BGB generally requires notarisation of the promise to make a gift; however, if the promised performance is actually made, the defect in form is cured by performance.
In practical terms, for typical “Free to take” listings, what matters in particular is what the parties actually agree and whether the item is subsequently handed over.
Even when giving something away, known significant defects should not be deliberately concealed. If the donor fraudulently conceals a material defect, they may be liable under section 524 BGB for the resulting damage.
5. Minor users
Special rules apply to contracts with minors.
Minors who have reached the age of seven generally have limited legal capacity. They generally require the consent of their legal representatives for declarations of intent that do not merely provide them with a legal advantage. Without the required consent, the validity of a contract generally depends on later approval. Sections 106 to 108 BGB govern these principles.
For certain transactions, section 110 BGB may provide an exception if the minor fully performs the contractual obligation using funds provided to them for that purpose or for their free disposal.
For higher-value transactions involving minor users, particular care should therefore be taken to check whether the required consent has been obtained.
6. Use your own photos and texts
Private users should generally use their own photos and texts in listings or ensure that they are legally entitled to use third-party content.
An image found through a search engine, an online shop or a manufacturer's website cannot be copied and used in one's own listing merely because it is available there.
Copyright protects photographs, texts and many other types of content. Unauthorised use of copyright-protected works may give rise to legal claims and, under certain conditions, further consequences.
Using photos taken by oneself and one's own descriptions is therefore generally the safest option.
7. People in photos
If other people can be recognised in a photo, their rights must also be taken into account.
Under section 22 KunstUrhG, images of people may generally be distributed or publicly displayed only with the consent of the person depicted. Section 23 KunstUrhG in particular provides for statutory exceptions.
For an ordinary private listing, for example, the following should not be unnecessarily identifiable in product photos:
family members,
children,
neighbours,
passers-by, or
other identifiable people.
Where appropriate, use a different photo or obscure the person concerned.
8. Avoid personal data in photos
Before uploading photos, check that they do not reveal unnecessary personal or confidential information.
This may include, for example:
identity documents,
full addresses,
bank or credit card details,
account numbers,
QR codes containing personal information,
passwords or login details,
private correspondence,
vehicle documents or other sensitive records.
Even a photo of the item being sold may unintentionally show personal information in the background.
Check photos carefully before publishing them.
9. Serial numbers and identifying details
For high-value goods, serial numbers or other identifying details may be useful, for example to identify an item clearly.
However, it is not always necessary or advisable to make complete identification numbers publicly visible.
For electronic devices, vehicles, documents or other particularly identifiable items, consider which information is actually required for the listing.
Where appropriate, it may be sensible to cover part of a number in a public photo and provide the complete details only when there is a legitimate interest.
10. No false identities or information
Users should act under their actual identity or provide truthful information.
In particular, do not make false statements about:
ownership of an item,
its origin,
condition,
age,
brand,
authenticity,
purchase price,
included accessories, or
other essential characteristics.
Private providers must not deliberately mislead other users about essential characteristics of an offer.
11. Agree clearly on reservations
A common practical issue is the statement:
“I'll reserve it for you.”
Whether this already creates a legally binding obligation depends on the specific content of the communication and the circumstances.
Clear wording is therefore advisable.
If the reservation is intended to be non-binding, this should be stated clearly.
If a binding purchase is already intended, the item, price and other essential terms should be clearly settled.
This reduces later disputes over whether there was only a non-binding expression of interest or already a binding contract.
12. Personal handover
For a personal handover, especially for higher-value items, the parties should:
inspect the item,
check the agreed accessories,
clarify payment, and
where appropriate, document the handover.
When meeting someone unknown, choose a suitable and safe handover location.
For general safety advice and information about avoiding fraud, users should consult the relevant safety and fraud prevention information provided by Suchen.Expert.
This avoids repeating the same safety information in several parts of customer support.
13. Evidence and communications
For higher-value transactions or transactions likely to lead to disputes, it may be sensible to retain essential documents for a reasonable period.
These may include:
the listing description,
product photos,
relevant messages,
proof of payment,
shipping receipts, or
handover confirmations.
This documentation may later help establish what condition, price or other terms were actually agreed.
Personal information should not be stored or shared for longer or more extensively than necessary.
14. Do not publish other people's communications
Private messages between users should not be made public without further consideration.
Screenshots may contain names, profile photos, telephone numbers, email addresses or other personal information.
Anyone wishing to report a conflict with another user should use Suchen.Expert's designated reporting and support functions rather than making the communications publicly accessible.
15. Private use and commercial activity
Classifying an account as private does not prevent a user from being legally treated as an entrepreneur if their actual activity is commercial or carried out as a self-employed profession.
Anyone who, for example:
specifically buys goods for resale,
sells systematically and on a lasting basis,
regularly offers similar new goods, or
professionally offers paid services,
should check whether the use is still private.
For more information, see “Who is considered an entrepreneur on Suchen.Expert?” in the “For Business Owners” section.
16. Review tax questions separately
Not every private receipt is automatically taxable. Conversely, calling something a “private sale” does not mean that tax rules can never become relevant.
Detailed information is provided separately under:
“Private Sales and Taxes”
and
“PStTG / DAC7 on Suchen.Expert”.
This avoids repeating tax matters in this document.
17. Usage policies also apply to private individuals
Private individuals must also follow Suchen.Expert's usage policies.
These include, among other things, rules on:
permitted and prohibited goods and services,
intellectual property,
animal welfare and species protection,
listing content,
price information, and
other platform rules.
The technical ability to create a listing does not mean that its content is automatically lawful or complies with the usage policies.
Role of Suchen.Expert
Suchen.Expert provides the technical platform for listings, connecting users and communication.
Unless expressly stated otherwise, Suchen.Expert does not become a party to transactions concluded between users and does not carry out an individual legal review of each agreement.
Private users are responsible for:
offering only items they are legally entitled to dispose of,
providing truthful information,
respecting third-party rights, and
complying with the laws applicable to their specific offer and with the usage policies.
This information is for general guidance and does not replace a legal assessment of the specific individual case.
