Skip to content
Consumer law
This website explains Dutch law. It does not provide legal advice about other countries.

A bad purchase on Marktplaats: what can I ask a private seller?

What would you like help with?

Read the full explanation · View sources

Detailed explanation, checklist and sources

A private seller must honour the agreement too, but webshop consumer protection does not automatically apply. Keep the advert and messages and choose action matching the defect, delivery and actual agreement.

On this page

1. Who sold the item?

Check whether the seller genuinely acts privately or commercially; the profile label alone is not decisive. Buying from a business through a platform can attract statutory conformity and withdrawal rights. A private sale has no general statutory 14-day change-of-mind return. The platform is not automatically the seller.

BW 7 · koop, conformiteit, risico en klachtplicht ↗

ACM · Verkoper en platform ↗

2. Is there a contract?

Record item, price, payment, collection or shipment and promises. A platform bid alone differs from a final agreement; clear acceptance in chat can create a contract. Check platform terms. Ask about unclear features before buying, examine reputation and inspect the item where possible.

Juridisch Loket · Miskoop Marktplaats ↗

3. What could I expect?

A used item must match reasonable contractual expectations: age, price, disclosed defects and specific promises matter. Ordinary wear is not automatically a breach. Save the advert, photos, payment evidence and expert findings. A known or reasonably apparent defect can limit a claim; report discovered defects promptly rather than waiting months.

BW 7 · koop, conformiteit, risico en klachtplicht ↗

4. How do I request a remedy?

Explain the mismatch and request an appropriate remedy, such as a missing part or reasonably possible repair/replacement. Allow a reasonable deadline where needed. If performance is impossible or still absent, obtain advice on termination, price reduction or damages; not every small defect warrants a full refund. Fraud, threats or mistake can raise avoidance issues. Keep the item safe and record return/refund arrangements.

BW 7 · koop, conformiteit, risico en klachtplicht ↗

Juridisch Loket · Miskoop Marktplaats ↗

5. Who bears shipping risk?

In private sales, delivery and risk depend on the agreement and circumstances. Keep the collection, delivery and risk terms; do not assume the consumer shipping rule applies. Ask for posting evidence and a carrier investigation. Registered or insured shipping does not guarantee every loss: coverage, packaging and evidence conditions matter.

BW 7 · koop, conformiteit, risico en klachtplicht ↗

Juridisch Loket · Miskoop Marktplaats ↗

6. What if discussions fail?

Use applicable platform buyer protection within its own deadlines. Report indications of fraud to the platform and police, but reporting guarantees no refund and not every breach is fraud. Sellers also have a right to payment and must disclose known defects; disputed return damage needs proof. Before proceedings seek advice on identity/address, evidence, costs and recoverability; online selling can separately have tax consequences.

Juridisch Loket · Miskoop Marktplaats ↗

ACM · Verkoper en platform ↗

Draft letter — complete yourself

Check facts and recipient. The requested response date is not automatically a statutory deadline; keep proof of sending.

Edit your draftWord

Your edits stay on this page and are not automatically saved or sent. Complete every placeholder.

Does ‘no guarantee’ mean I have no rights?

Not automatically. In a private sale, precise terms and reasonable expectations matter. A generic phrase does not automatically erase specific promises or concealed defects. Have the agreement and evidence assessed.

Documents to prepare

Prepare your next stepFill in and save · Word

Tick what you have checked or collected. Note what is missing and take your overview to a meeting.

Unless saved in My overview: Your entries stay only on this screen. Download before leaving; closing or reloading clears them. Do not enter identity numbers, passwords or unnecessary personal details.

What do you still need for your next step?

Item 1 / 6 · Where do you stand with this item?

Advert and seller identity

This overview follows your own answers. It does not assess your rights or guarantee that your file is complete.

Your choices stay here. Use the buttons below if you want to save or download.

View all details, notes and timeline
Your timeline and evidence

List events and contacts. Note where you keep the evidence; no upload is needed.

What goes in my timeline?

Record what happened, when, the response and where to find the letter, message or photo. Mark uncertain dates.

Is my evidence sent?

No. You only note where it is kept. No files are uploaded or sent automatically.

How do I save my timeline?

Your entries are not saved automatically. Choose Save and continue later to store this preparation, including your timeline, in My overview. Wait for confirmation and save new changes again. You can also download a Word file without an account.

Up to 20 events. Choose a different position for an event to change the order.

0 / 6 · Checked or collected

For each event, note the date, what happened and where the evidence is kept. Example: 3 October — letter received — correspondence folder.

Describe the solution you would like, such as an explanation of a deduction and repayment of the outstanding amount.

For example: which document is missing, who can provide it and what should I do first?

Record the date and its source. If unknown, note this and check promptly. This tool does not calculate or monitor deadlines.

After your conversation

These are your own notes. Confirm agreements with the other person; these notes do not prove their agreement.

This is your preparation, not a submitted request, objection or legally reviewed document. A tick records only your own progress. Check the procedure and deadline in the original letter.

Save and continue later
Name in your overview
Privacy and storage

Up to 100 items. Each remains available for one year after saving or updating. You can delete it sooner. No automatic sharing with partners. A saved answer is a snapshot; rules and circumstances may change.

Privacy and storage
Clear entries

Download anything you want to keep first. Clearing cannot be undone.

  • Advert and seller identity
  • Messages and final agreement
  • Payment and delivery/risk agreement
  • Photos and defect evidence
  • Complaint, deadline and reply
  • Platform terms and court deadlines

Need personal assistance?

Request help through our chat. We assess which professional fits your question. Review your details before sending. A request is not yet an instruction to provide services.

Contact with a lawyer

You can use the chat and information without a phone number. A contact request requires a phone number, a verified email address and your wish for telephone contact. Our team assesses which partner fits your question. Data is shared only under the stated consent procedure. A partner or engagement is not guaranteed.

View the current application process

Sources

Need personal assistance? Request a lawyer through our chat. We explain the next step; submitting a request does not engage a lawyer. The links below support the legal information.

BW 7 · koop, conformiteit, risico en klachtplicht ↗Juridisch Loket · Miskoop Marktplaats ↗ACM · Verkoper en platform ↗

Sources may be in Dutch. General information about Dutch law, not individual legal advice.

Common questions on this topic

View questions and answers

Loading answers…