Nowadays, more and more people are choosing to buy the products they need from private sellers. Very often, these sales are made online via platforms that facilitate private selling and buying.
While these purchases may result in money-saving deals, buyers should, however, be aware that private sales are excluded from consumer protection rules and this may result in less legal protection should something go wrong with the product purchased. Hence, the importance for buyers to take additional precautions when choosing to buy from private sellers.
Consumer law excludes private sales because this legislation only regulates business to consumer transactions. This means that goods sold by individuals do not necessarily have to be fault-free. If the products’ faults are visible or the products are sold as tale quale, buyers may not be legally entitled to request a remedy from the seller. To be entitled to claim a remedy, buyers will need to prove that they were misled during the sale.
To avoid problems, buyers are advised to shop carefully. In the first instance, buyers should check if there are any reviews on the seller from previous buyers. Sellers with bad reviews should obviously be avoided.
Furthermore, since the goods for sale are usually used, buyers are advised to always view the items in person before making any advance payments. If the purchase needs to be concluded online and payment will be made before physically inspecting the goods, buyers are advised to use a secure service that offers buyer protection. Direct money transfers should be avoided. In addition, buyers should request that a traceable postal service is used.
Consumer law excludes private sales because this legislation only regulates business to consumer transactions- Odette Vella
When interested in buying second-hand mechanical or electrical goods, these items should always be checked by a trusted professional before concluding the sale. Furthermore, buyers should make sure that they are given receipt of payment and the full contact details of the seller. It is also important to have tangible proof of any specific arrangements and to keep a copy of all the documentation related to the purchase just in case there is a dispute.
If the seller is advertising the product as still covered by a valid commercial guarantee, a copy of the guarantee’s document should be provided. Buyers should check whether the guarantee can be transferred to other owners. If the commercial guarantee does not have a specific clause that prohibits the transfer of the guarantee, then any subsequent owners of the product may benefit from the guarantee until it expires.
If the goods purchased result not as described by the seller or have a hidden defect that was not mentioned by the seller before the sale, buyers may be entitled for compensation for breach of contract. However, unless the buyer is in possession of documents proving that the item sold was misleadingly described by the seller, it may be difficult to prove the breach. In any case, the dispute must first be addressed to the seller.
Any communication is preferably made in writing. In this correspondence, the seller should be informed about the problem and the solution the buyer is expecting. If the seller is not willing to resolve the problem, then buyers will need to consider the value of the product and if it is worth going to court.
Furthermore, before starting any legal action against the seller, buyers are advised to consider whether they have sufficient evidence supporting their case and may also need to seek independent legal advice on their right for compensation under the Civil Code.
Odette Vella is director, Information and Research Directorate, MCCAA