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What are the indicators that you are classified as a trader (Händler)?
According to German case law (e.g. LG Berlin, OLG Frankfurt), the following points are strong indicators:
| Indicator | Does it indicate commercial activity? |
|---|---|
| Selling repeatedly (several times per month) | Yes |
| Earning regular profits | Yes |
| Selling new goods or larger quantities | Yes |
| Professional photos and recurring ad templates | Yes |
| Issuing invoices or offers in a fixed (business) name | Yes |
| Having a shop page or a fixed store name | Yes |
| Calling yourself a “private seller” while clearly acting commercially | May be considered misleading |
What happens if you are actually a trader but don’t disclose it?
If you act like a trader but present yourself as a private seller, you risk:
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An official warning letter (Abmahnung) from the Wettbewerbszentrale or from competitors
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Claims for refunds or extended return rights – customers may be allowed to return items and get their money back even after longer periods
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Fines and tax consequences – the Finanzamt can treat you as a business (Gewerbetreibender), with all obligations (business registration, income taxation, VAT, bookkeeping, etc.)
How can you avoid being classified as a trader (Händler)?
1. Limit the number of sales
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Selling 1–3 times per month and only your own personal used items is usually regarded as a private sale (Privatverkauf).
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Frequent sales over a longer period strongly suggest a commercial activity.
2. Do not offer similar items in quantity
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Avoid repeatedly listing the same type of T-shirts, smartphones, perfumes or electronics in several units.
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This pattern looks more like an online shop than a private household clearing out old items.
3. Use realistic, non-professional photos
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Take simple photos at home, not studio-level product shots with professional lighting and background.
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The more your listing looks like a commercial advertisement, the more likely a court will see you as a trader.
4. Avoid aggressive marketing language
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Phrases such as
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“top Qualität”,
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“nur heute”,
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“versandfertig”,
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“Blitzversand”,
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“jetzt zugreifen”
are typically used by professional traders.
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Stick to factual descriptions: condition, age, defects, usage marks.
5. Use a clear legal phrase for private sales
When selling on eBay or other platforms as a private person, you can use wording like:
Privatverkauf: Keine Rücknahme, keine Garantie, keine Gewährleistung. Der Verkauf erfolgt unter Ausschluss jeglicher Sachmängelhaftung gemäß § 444 BGB.
This German clause is widely used – but only makes sense if you are truly a private seller, not a de-facto business.
6. Don’t use clearly business-type structures
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Avoid using a dedicated PayPal business account (“PayPal Geschäftlich”) only for these sales
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Don’t set up your own domain or brand presentation that looks like a shop
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Don’t use a consistent corporate design (logo, colour scheme) across all listings
Can you exclude warranty (Gewährleistung) as a private seller?
In principle yes, under these conditions:
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The sale is private-to-private (C2C, not B2C).
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The exclusion is clearly stated in the description, for example:
Dies ist ein Privatverkauf. Ich übernehme keine Gewährleistung oder Rücknahme.
However, such clauses do not protect you if:
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you act fraudulently, or
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you intentionally conceal a known defect.
In those cases, you remain liable despite the disclaimer.
The editorial team of this website aims to provide accurate information based on thorough research and multiple sources. However, errors may occur or certain details may not yet be fully verified. The information provided here should therefore be considered as an initial, non-binding orientation. For binding and legally reliable advice, please always consult the competent authorities or qualified professionals (e.g. lawyer, tax advisor, consumer protection body).
