Can I cancel a private sale between individuals without a written contract?

nicolas97 CH 🔍 Enthusiast 👁 107 ⚑ Report Civil Law

I sold my bike to a buddy two weeks ago, we just exchanged the money without signing anything. Now he's saying he wants to return it because there's a problem with the gears. Am I obliged to take it back? We didn't have any warranty agreed on, it was just a private sale between us.

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★ Best answer

Between individuals without a contract, you're not obligated to take the bike back since there's nothing in writing that commits you to it - the sale is considered final once the money has been exchanged. That said, it's up to your buddy to prove there was a defect at the time of the sale or that you hid something serious from him, otherwise he doesn't have much legal recourse.

Legally you're not obliged to, that's true, but you gotta check one thing: was the transmission problem already there when you sold it or did he break it after? If the defect was there before and you knew about it, you should've disclosed it even without a written contract - that's called a hidden defect. But if it's just normal wear and tear or he damaged it himself, then you can refuse without worry!

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