If you have bought something second-hand and are encountering a problem with it, you might be entitled to a free remedy. Your rights, however, depend on whether you purchased the item from a private individual or a professional seller.
When purchasing second-hand goods from a business or professional trader, your consumer rights are similar to when you buy brand-new items. Consumer law requires that goods sold to consumers by traders must match the description provided by the seller at the time of purchase, be suitable for their intended purpose, and demonstrate the quality and performance standards reasonably expected based on their nature. For instance, if a second-hand seller advertises a designer bag as ‘like new’, it should be free from damages and show minimal signs of usage.
If these criteria are not met, as a consumer you have the legal right to seek remedies, including repairs or replacements at no cost. If these solutions are unavailable or would cause you significant inconvenience, you may claim a partial or full refund, depending on the nature of the defect. However, minor imperfections that do not affect the product’s functionality do not justify a request for a full refund.
This legal protection remains valid for two years from the date of delivery. If a fault arises during this period, you can claim one of the remedies aforementioned from the seller. However, keep in mind that second-hand goods may show signs of use, such as worn car seats or scratches on a used appliance.
Normal wear and tear like this is not covered under consumer law. Therefore it is advisable to inspect items thoroughly before buying and, if necessary, ask the seller to disclose any existing damages. If the price seems unusually low without explanation, make sure to ask the seller about the reason.
You should exercise caution when buying from individuals
When buying second-hand goods online from a business, you benefit from additional protection, including a 14-day cancellation period that allows you to return the item for any reason, with a refund processed within 14 days of the return. However, as you cannot meet the seller in person, it is wise to check reviews from previous customers to assess the seller’s reliability.
Purchases from private individuals do not fall under consumer law, meaning you cannot claim legal remedies like repairs or a refund if the item purchased turns out to be faulty. Instead, your rights are governed by the Civil Code, and resolving disputes may require independent legal advice. Therefore, you should exercise caution when buying from individuals.
To minimise risks it is advisable to collect the seller’s details, such as their name, phone number, and postal address. Keep a record of all communication to serve as evidence of the sales agreement, and ensure you have proof of payment. Avoid making advance payments unless necessary, and opt for secure payment methods that offer buyer protection.
Online marketplaces are legally obligated to inform you whether the seller is a trader or a private individual. If the seller is a private individual, you must be notified, before finalising the purchase, that consumer law does not apply to the transaction. Be sure to check this information carefully if you want your purchase to be protected under consumer regulations.
If a private seller claims that the product is still covered by a commercial guarantee, you should verify the guarantee’s terms and conditions before completing the purchase and confirm that it is transferable. Additionally, it is important to request a copy of the guarantee document and the original receipt for future reference.
For high-value second-hand items, such as a car or costly electronic equipment, it is advisable to have the product inspected by a trusted independent expert before finalising the purchase.
Additionally, ensure you have concrete evidence of any specific agreements and retain copies of all documentation related to the transaction.
If you encounter issues with second-hand products, start by trying to resolve the matter directly with the seller to reach an amicable solution. If this is unsuccessful and the item was purchased from a trader, you can escalate your complaint to the Office for Consumer Affairs at the MCCAA. However, if the product was bought from a private seller, you will need to seek independent legal advice to address the issue.
Odette Vella is director, Information and Research Directorate, MCCAA.