Buying pre-owned products is undeniably cheaper for consumers and also more sustainable for the environment. However, like any other product purchased, second-hand goods may turn out to have a defect, and the consumers’ right to a free remedy will depend on the type of defect the product has, and more importantly, from whom the second-hand good was bought.
When consumers buy a second-hand product from a retailer or a professional seller, their purchase is regulated by consumer legislation. This means that the product sold must comply with the description given by the trader during the sale; must be fit for its intended purpose; and must also be of the quality and deliver the performance one would expect given the nature of the product sold.
Furthermore, while it is understandable that second-hand products have signs of wear and tear, if, however, the product has any faults or problems that the seller is aware of, this information should be passed on to the consumers before the sale is concluded.
If these requirements are not met, consumers have the legal right to claim a free remedy from the seller.
The applicable remedies for faulty second-hand goods are similar to those consumers are legally entitled to when buying new products that turn out to be faulty.
In the first instance, consumers should be offered free repair or replacement. If these solutions are not possible, or if opted for could cause consumers a significant inconvenience, consumers should be entitled to a part or full refund of the money paid. A full refund cannot, however, be claimed in situations where the product’s defect or fault is minor or insignificant.
The legal protection on second-hand goods bought from traders is also two years in duration. If a fault develops during this time, consumers can claim one of the above-mentioned remedies from the seller. Consumers should, however, be aware that if during these two years the product develops faults that are usually attributed to normal wear and tear, consumers may not be entitled to a free remedy from the seller. Hence, it is advisable that prior to purchase, consumers carefully check the product.
Furthermore, when interested in buying an expensive second-hand good, such as a car, for instance, consumers should consider seeking the advice of a trusted expert to help them make the best purchase decision.
Consumers’ legal rights are different when second-hand goods are bought from private individuals or sellers. These types of transactions are not regulated by consumer legislation, which means that if the goods turn out to be faulty, or do not conform to the sales agreement, consumers cannot claim as a solution one of the legal remedies stipulated in consumer legislation. In such situations, the buyers’ legal rights are regulated by the Civil Code, and consumers may need to hire a lawyer to exercise their rights. Hence, buyers should be more cautious when buying from individuals.
When second-hand goods are bought from private individuals or sellers, these types of transactions are not regulated by consumer legislation
For instance, it is advisable to gather as much information as possible on the seller, such as their full name, phone number and postal address. Buyers should also keep a record of any communication to have proof of the sales agreement. It is also very important to have proof of payment. Furthermore, if a sale is made online, consumers should search for reviews on the seller, and where possible, avoid advance payments.
When buying from online marketplaces, the platform is legally obliged to inform consumers whether the seller is a trader or an individual. Where the seller is an individual, consumers must also be notified, before the sales contract is concluded, that consumer law does not apply to their transaction. Consumers are advised to look out for this information if they want their purchase to be covered by consumer rules.
In situations where the private seller advertises the product for sale as still covered by a commercial guarantee, before concluding the sale, buyers should check the terms and conditions of the guarantee and confirm that it can be transferred to others. Buyers should also make sure that they are given a copy of the guarantee document and a copy of the original receipt.
If consumers encounter problems with second-hand products, the issue should first be discussed with the seller with the aim of reaching an amicable solution. If a solution is not reached, and if the product was bought from a trader, the complaint may be addressed to the Office for Consumer Affairs at the MCCAA. If, however, the product was bought from a private seller, consumers will need to seek independent legal advice.