Sell mobile phone from contract extension and question about rooted mobile phone.
December 28, 2017 | 30,00 EUR | answered by Jan Wilking
Good day Mr. Lawyer,
1. I would like to sell a mobile phone that was part of a contract extension. In other words, I bought it for €1 and am now paying off the installments monthly.
1.a Am I allowed to sell this mobile phone?
2. I have rooted the phone (this means that I can remove all pre-installed apps from the phone, so I have full access to the phone, which does not work without root). However, rooting voids the manufacturer's warranty.
2.a I want to make sure that the buyer does not come later and say that he was not aware of this. Should I make a handwritten purchase contract in which this is explicitly stated, or is it enough if I write it in the advertisement?
Thank you!
Dear inquirer,
Thank you for your inquiry.
In your case, if you have not explicitly agreed to something different with the provider, such as a lease or retention of title (which is rarely done nowadays), the phone became your property upon purchase and you can also sell it. However, you still need to continue fulfilling the contract, i.e. paying the monthly usage fees for the network.
In general, it is sufficient to clearly state in the advertisement that the phone has been rooted (and secure a screenshot of the advertisement for evidence). Additionally, you should also mention that this may void the manufacturer's warranty and guarantee, and that you cannot provide any warranty or guarantee for the proper functioning.
I hope this information is helpful and remain
Yours sincerely
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