Legality of selling a banned console?

Discussion in 'Switch - Console, Accessories & Hardware' started by NEO-BAHAMUT-, Aug 11, 2018.

  1. NEO-BAHAMUT-
    OP

    NEO-BAHAMUT- GBAtemp Regular

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    May 22, 2013
    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?
     
  2. k3rizz3k

    k3rizz3k GBAtemp Fan

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    Oct 16, 2008
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    As long as the person buying it knows, and knows all of the implications, I think legally you'd be fine.
     
  3. linuxares

    linuxares I'm not a generous god!

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    Aug 5, 2007
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    It's legal if you inform the buyer. Make it written, words doesn't count unless it's recorded.
     
  4. antiNT

    antiNT a.k.a Johnny El Pollo Loco

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    Sep 14, 2015
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    Just let the person buying the console know that it's banned. This is just being honest.
     
  5. tech3475

    tech3475 GBAtemp Maniac

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    Jun 12, 2009
    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).
     
  6. FAST6191

    FAST6191 Techromancer

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    Nov 21, 2005
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    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.

    Why would leaving hacks on a system be a problem?
     
    Indigo Marz likes this.
  7. NEO-BAHAMUT-
    OP

    NEO-BAHAMUT- GBAtemp Regular

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    May 22, 2013
    I thought that the console that are banned still receive game updates as well as switch firmware update?
     
  8. andyhappypants

    andyhappypants Pika!

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    Jul 27, 2012
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    At the moment they get updates, this could change at any point though
     
  9. tech3475

    tech3475 GBAtemp Maniac

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    Jun 12, 2009
    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've heard it can depending on the type of ban:
    https://gbatemp.net/threads/nintendo-switch-banning-hub-warning.508710/
     
  10. FAST6191

    FAST6191 Techromancer

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    Nov 21, 2005
    United Kingdom
    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.
     
    Indigo Marz likes this.
  11. tech3475

    tech3475 GBAtemp Maniac

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    Jun 12, 2009
    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.
     
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