Consumer legislation stipulates that goods sold must comply with the description given by the trader at the time of sale, be fit for purpose and be of the quality and perform as one would expect given the nature of the goods. These legal provisions apply to all types of products sold to consumers, even second-hand goods.
If these requirements are not met, consumers may claim a free remedy from the seller. However, in the case of second-hand goods, this legal remedy only applies when they are bought from professional sellers. Consumer law defines a trader as “any person who in relation to any transactions is acting for purposes relating to his trade, business, craft or profession”.
When second-hand goods are bought from private sellers or individuals, the provisions of consumer legislation do not apply. So if the goods turn out to be faulty or do not conform with the sales agreement, consumers cannot claim as a solution one of the legal remedies stipulated in the Consumer Affairs Act. In such situations, the buyers’ legal rights are regulated by the Civil Code. Thus, buyers should be more cautious when buying from individuals.
Second-hand goods are usually sold “as seen”, and often have wear-and-tear damage. Hence, prior to purchase, buyers should carefully check the product and request sellers to point out any damages. If the price is cheaper than one would expect, and no reason for this is mentioned, buyers should ask the seller directly why the price is so low.
Buyers should be more cautious when buying from individuals
Furthermore, if the sale is conducted online, where possible buyers should first physically check the product before confirming the purchase. When buying from an online marketplace one should also search and read reviews on the seller from previous customers.
It is also advisable to gather as much information as possible on the seller, such as the seller’s name, phone number and address. Buyers should also keep a record of any communication to serve as proof of the sales agreement. Another important item of documentation is the proof of payment. Unless necessary, consumers should not agree to make advance payments, and if paying online, they should use a secure service with buyer protection.
If the second-hand goods are advertised as still covered by a commercial guarantee, before committing to the purchase, buyers should check the terms and conditions and confirm that the guarantee can be transferred to others. Buyers should also make sure that they are given a copy of the guarantee’s document and a copy of the original receipt.
Expensive second-hand goods, such as a car or an expensive piece of electrical equipment, should be first checked by a trustworthy independent expert before concluding the sale. In addition, it is important to have tangible proof of any specific arrangements made and to keep a copy of all the documentation related to the purchase.
In case of a dispute, if the problem with the private seller is not solved amicably, buyers cannot lodge a complaint with the Office for Consumer Affairs, but will need to seek independent legal assistance.
www.mccaa.org.mt
odette.vella@mccaa.org.mt
Odette Vella, director, Information and Research Directorate