Buying second-hand goods can be a cost-effective and sustainable way to meet one’s needs. However, to ensure that you really get the best possible value for money it is crucial to be aware of your rights and responsibilities.
The first thing to keep in mind is that, legally, there is a difference between buying a second-hand product from a professional seller and buying it from an individual. Second-hand goods bought from traders are covered by the Sale of Goods Regulations, which stipulate that goods sold to consumers must comply with the description given by the trader at the time of sale, be fit for the purpose for which goods of the same type are normally used, and must be of the quality and possess features one would normally expect given the nature of the goods. In other words, even though an item is bought second-hand, it should still function as expected and promised by the seller.
If these requirements are not met, the seller is legally liable to provide a free remedy. Unless impossible or disproportionate, non-conforming goods must first be either repaired or replaced. However, if these solutions are not possible, consumers may then request a part or full refund depending on the type of defect or problem the product has. These legal remedies are available to consumers for two years from the date they take possession of the purchased goods.
Despite this legal protection, consumers must always remember that since second-hand products are pre-owned goods, they may have defects caused by wear and tear. These defects are excluded by the Sale of Goods Regulations. Hence, before buying a second-hand product, consumers are advised to check it for any visible damages and also to ask the seller to point out any wear and tear defects it might have.
Second-hand goods sold by individuals or private sellers are excluded by consumer protection legislation
Transparency is crucial, and consumers should not hesitate to ask questions about the product before concluding a purchase.
Second-hand goods may also be sold by individuals or private sellers. These sales transactions are excluded by consumer protection legislation, which means that should a problem crop up with the purchase, the legal remedies provided by the Sale of Goods Regulations cannot be claimed.
In such situations, the buyers’ legal rights are regulated by the Civil Code. Thus, in case of a dispute, buyers would need to seek independent legal advice. So it is in buyers’ best interest to be careful and take additional precautions.
Before buying a second-hand good from an individual, buyers should gather as much information as possible on the seller, such as their full name, telephone number and postal address. Evidence concerning the quality and features of the advertised product is also crucial.
Another important piece of documentation is the proof of payment. Care should also be taken how payment is to be made. If the private seller is locally based, payment is ideally made after the goods are checked. In situations where the sales transaction is concluded online, buyers are advised to use a secure payment mechanism.
Where second-hand goods are advertised as still being covered by a commercial guarantee, before committing to the purchase, buyers should check the guarantee’s terms and conditions and confirm that it can be transferred to other owners. Once the sale is concluded, buyers should ensure they are given a copy of the guarantee and the original proof of purchase.
Where second-hand goods are offered for sale through online marketplaces, since these platforms are used by both private sellers and traders, the platform is legally obliged to inform prospective buyers whether the seller is an individual or a trader. When the seller is an individual, consumers must also be notified by the marketplace that the sales transaction is not protected by consumer law. This means that the statutory right of withdrawal does not apply, and in case of a dispute, buyers cannot seek the assistance of a consumer protection entity.
Furthermore, when buying online, whether from a private seller or trader, consumers are always advised to ensure that the seller has a good reputation, good buyer reviews and also pay particular attention to the platform’s dispute resolution mechanism.
When consumers face problems with second-hand goods, the issue must first be discussed with the seller. If no agreement is reached, and the used product was purchased from a trader, the dispute may then be referred to the Office for Consumer Affairs at the MCCAA. Independent legal advice must be sought when buyers have unresolved disputes with private sellers.
Purchasing second-hand goods can be both economical and environmentally friendly. However, to ensure a rewarding and problem-free shopping experience, it is important for consumers to gather information on their legal rights and take all the necessary precautions.
Odette Vella, director, Information and Research Directorate, MCCAA
www.mccaa.org.mt