Sometimes we need to buy a product but we do not have enough money to buy it brand new.
Problems caused by wear and tear are not covered by the Consumer Affairs Act- Odette Vella
Therefore, we may consider the option of buying second-hand. But this does not mean we do not want to get good value for the money we spend. To ensure we do not regret our buying decision, it is important to take precautions.
Firstly, we need to be aware there is a legal difference between buying a second-hand item from someone selling it as a business, and buying it privately.
When we buy a second-hand item from a trader, we have specific legal rights. These include that the goods we buy are in conformity with the description and specifications in the contract of sale.
If, for instance, we buy a second-hand car from a dealer, the car should comply with the description given by the trader and possess the characteristics, features and qualities promised by the trader during the sale.
The Consumer Affairs Act also states that sold goods, including second-hand ones bought from traders, should be fit for the particular purpose for which they were bought.
Goods should also be fit for all their normal purposes. When this is not the case, the trader who sold us the second-hand product must provide us with a remedy. Our rights include having the problematic goods repaired or replaced free of charge, or else to a part or full refund of the money paid.
The law also states that unless they are impossible or disproportionate, repair or replacement should be the first remedies to resort to. The inconvenience consumers may go through to obtain a solution is taken into account.
If the remedy chosen by traders is very inconvenient to consumers, we may require an appropriate reduction of the price or have the sale cancelled and claim the money back. The latter doesn’t apply if the lack of conformity is minor or insignificant.
These legal remedies are available to consumers when the lack of conformity becomes apparent within two years from the goods’ delivery.
Despite these legal rights, we still need to be very careful when we are about to buy second-hand goods. Second-hand products are usually sold as seen, so there may be some apparent imperfection and some wear and tear too.
Problems caused by wear and tear are not covered by the Consumer Affairs Act. It is our responsibility to examine the goods for any apparent defects, and to ask the seller to point out any imperfections.
If we are about to spend a lot of money on a second-hand product, such as a car, it would be best to be accompanied by someone who knows the product well and can help us make the right choice.
Our legal rights do not apply when we buy second-hand items through a private sale. Such goods are bought ‘tale quale’ and any problems that may arise after the sale is finalised are ours to solve.
In these kind of sales, it is up to us to carefully check the product we are about to buy. Getting expert advice before concluding a private sale is even more fundamental.
If the product we are about to buy is still covered by a commercial guarantee, we should ensure we are given the documents of the guarantee. Before concluding the sale, we should also read the terms and conditions of the commercial guarantee well, especially those parts which explain whether the guarantee can be transferred if the owner changes.
If the commercial guarantee does not specifically stipulate that the commercial guarantee cannot be transferred, any subsequent owners of the product may use the guarantee as long as this remains valid.
odette.vella@mccaa.org.mt
Ms Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.