Hardware Legality of selling a banned console?

[NEO-BAHAMUT-]

As the title states really. I have a banned console which I am going to be selling. Is there any issue with me selling a banned console that still works but is banned from Nintendo online services. Providing I make sure that the customer is aware it’s banned?

 

[k3rizz3k]

As long as the person buying it knows, and knows all of the implications, I think legally you'd be fine.

 

[linuxares]

It's legal if you inform the buyer. Make it written, words doesn't count unless it's recorded.

 

[antiNT]

Just let the person buying the console know that it's banned. This is just being honest.

 

[tech3475]

It should be legal as long as they are fully aware and you haven't left any hacks/warez on the system.

Maybe send them an email before handing the console over to confirm they understand the ramifications of what having a banned system means (e.g. they can't complain if it doesn't get software updates).

 

[FAST6191]

As others mentioned you want to state it as banned -- wording of the specific "offence" that omitting it would be will vary but it is a device of reduced functionality that would not fall under standard wear and tear.

It should be legal as long as they are fully aware and you haven't left any hacks/warez on the system.

Why would leaving hacks on a system be a problem?

 

[NEO-BAHAMUT-]

It should be legal as long as they are fully aware and you haven't left any hacks/warez on the system.

Maybe send them an email before handing the console over to confirm they understand the ramifications of what having a banned system means (e.g. they can't complain if it doesn't get software updates).

I thought that the console that are banned still receive game updates as well as switch firmware update?

 

[andyhappypants]

At the moment they get updates, this could change at any point though

 

[tech3475]

Why would leaving hacks on a system be a problem?

Because:
1) It may not be legal
2) It could give the buyer an excuse to complain
3) It could cause problems trying to selling the console

I thought that the console that are banned still receive game updates as well as switch firmware update?

I've heard it can depending on the type of ban:
https://gbatemp.net/threads/nintendo-switch-banning-hub-warning.508710/

 

[FAST6191]

Because:
1) It may not be legal
2) It could give the buyer an excuse to complain
3) It could cause problems trying to selling the console

Has there ever been anybody pinged for selling a modded console? Every one I have ever seen has loaded it up with copied games. Of course the PR releases tend to downplay the copied games part (and in court the complete opposite) but that is neither here nor there.
So can just about anything, such is selling second hand things.
I know ebay and amazon frown upon such things but as long as you know that and work around it you should be good.

 

[tech3475]

Has there ever been anybody pinged for selling a modded console? Every one I have ever seen has loaded it up with copied games. Of course the PR releases tend to downplay the copied games part (and in court the complete opposite) but that is neither here nor there.
So can just about anything, such is selling second hand things.
I know ebay and amazon frown upon such things but as long as you know that and work around it you should be good.

When was this about whether they can get away with something or not? I'm sure the OP could find a way to sell the console while not mentioning it's banned either.

The Switch is easy enough to hack anyway so it's not like selling it pre-hacked is too big of a advantage.

OP is trying to sell the console while trying to avoid potential issues and this is one of them, not just legal ones e.g. someone tries to use it as an excuse for a refund.