When, as consumers, we purchase goods from a professional seller, the Consumer Affairs Act provides us with specific rights if the product purchased does not conform to the contract of sale. The goods purchased must also be of satisfactory quality and must be fit for the purpose they are intended for.

These legal rights as provided by the Consumer Affairs Act do not apply when we buy goods from a private individual.

Private sales take place when we buy from someone who is not a professional seller. This includes buying from a car boot sale, from a neighbour, from a classified advert in the paper and also online auctions if the seller is not a professional trader.

When buying goods from a private seller, these must still be as agreed and described during the sale, but if they are not, we cannot seek redress through the Office for Consumer Affairs but engage a lawyer and check about our legal rights under the Civil Code.

As a precaution, when buying goods from an individual we should ask for receipt of payment and the full contact details of the seller. If, during the sale, a specific agreement is made, it is best that one has proof of the agreement.

Any documentation and evidence related to the purchase should be kept just in case there is a dispute about the product.

It is also in our best interest to inspect goods carefully before we buy them. If we are going to buy some mechanical or electrical equipment, we should have them checked by a professional before concluding the sale.

odette.vella@mccaa.org.mt

Odette Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.