Scalping, where the seller uses a physical object/person as bait without proper permission or disclosure or permission to be in possession of the fish is considered dishonest and can result in prosecution.

Scalping is a crime in Germany. The most common definition is “totaling and selling of live fish with the intention to receive money from the buyer who buys the fish and sells the fish to the buyer without permission.” For more information, please see Article 9 Section 6 of the Criminal Code of the German Penal Code.

How do I get the consent on the sale of fish?

If the buyer signs the contract before the fish have been caught or the seller refuses to sell the fish after the contract has been signed, then the buyer still has the legal right of choice to demand a refund, as long as they have not had the goods.

If the seller refuses to sell the fish, then the buyer could legally demand the seller to provide them with a signed receipt showing that the fish that were taken on the agreed contract was given to the buyer by the seller. The buyer could also demand compensation in respect of any damage to the fish or other damage caused to the fish, even in the absence of damages, such as in the case of injury from entanglement or from accidental injuries to living creatures in water (Hamburg Code Section 11). For more information see Article 10 Section 10.2 of the German Penal Code.

Can the buyer take the fish back with them after the final sale?

Yes. The purchase of a live fish constitutes a binding contract, which means that the buyer has a right to return the fish and get the fish for free if they did not like the fish or they would like to get them back, as long as it is not for taking any other animals and that there is no possibility that the seller will use or sell the fish.

I don’t want to spend a lot of money on a fish and am willing to buy one for a reasonable amount. What should I do when the seller refuses to sell the fish at all?

If you have enough time on your hands, you can take advantage of the situation by getting the seller to trade fish that you want for another type of fish or the buyer to pay you a small commission. While the seller is not required to return the fish or put it in your possession as per Article 11, you may still get your money back.

You can also legally ask for the seller to give

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