When we consumers purchase a product privately, that is from a seller who is not a professional seller, this kind of business transaction is excluded from the provisions provided in the Consumer Affairs Act. If the goods purchased result faulty or do not conform to the sales agreement we cannot request as a solution one of the legal remedies stipulated in the Consumer Affairs Act.
In such a situation if we want to know what rights we have and whether we are eligible to a legal remedy, we will need to engage a lawyer to be advised on our rights as per the Civil Code.
When we buy second hand goods from a private seller we should remember that these kind of goods are usually bought tale quale. Before committing to the purchase we should ask the seller to point out any damages or faults. If we are buying the goods online it is in our best interest to keep a copy of any communication we have with the seller to have proof of anything agreed on before the sale was concluded.
We should also ask if the product we are about to purchase is still covered by a commercial guarantee and if it is we should check if the guarantee could be transferred to new owners. Should this be the case then we have the responsibility to ensure that such transfer is actually made once the sale is concluded.
In case we are about to buy some mechanical or electical equipment that will cost us a significant amount of money, we should have them checked by an independent expert before concluding the sale. For instance, if we are about to buy a second hand vehicle from a private seller we should engage a trusted mechanic to inspect the car and to advise us if we should proceed with the purchase or not.
On the other hand, if we purchase a second hand car from a professional dealer our purchase is protected by the Consumer Affairs Act. However, one cannot expect a second hand car to be of the same standard as a brand new car but it still must be as described by the dealer and must not be sold with hidden defects. Even in this situation we should first have the car checked out by a trusted mechanic before proceeding with the sale.
We should also make sure that we are given a receipt for any payment made and that we have the full contact details of the seller. Any other documentation and evidence related to the purchase should also be kept just in case there is a dispute about the product purchased.
Odette Vella is director, Information, Education and Research Directorate, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.