More people are nowadays opting to buy the goods they need from private sellers. Such purchases are usually concluded online, sometimes via auction sites, but are also made personally. While these purchases may save consumers a significant amount of money, buyers of such goods should be aware that such business transactions are excluded from the provisions provided in the Consumer Affairs Act.
When it comes to consumer rights, the most important distinction is not whether the item purchased is brand new or not, but that the seller is a professional seller or private individual. When consumers buy goods from a trader, consumer law gives them the right to claim a free remedy if the goods bought are not as described, not fit for purpose, or do not show the quality and performance one reasonably expects from goods of the same type. These legal rights do not apply when goods are bought from an individual. Should a problem crop up, buyers from private sellers will need to seek independent legal advice to see if they are eligible for a legal remedy under the Civil Code.
Second-hand goods from private sellers are usually bought tale quale. Hence, before concluding such purchases buyers should ensure that any damages or faults the used product may have are clearly pointed out to them. When buying mechanical or electrical goods buyers should have them checked by a 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 agreements made and to keep a copy of all documentation related to the purchase just in case there is a dispute.
If the second-hand good is still covered by a commercial guarantee, buyers should make sure that they are provided with the guarantee’s documents. It is also important to take the time and read the terms and conditions of the commercial guarantee, especially the part concerning whether the guarantee can be transferred to other owners. If the commercial guarantee does not prohibit such a transfer, then any subsequent owners of the product may use the guarantee as long as it remains valid.
When goods are purchased online from private sellers, buyers should keep in mind that the right of cancellation does not apply to such purchases. This means that once such an online sale is concluded buyers cannot change their mind and request a refund.
Since online purchases from private sellers are not covered by consumer legislation, online buyers should take a number of precautions. The first is to obtain the full contact details of the seller. An e-mail address is not enough as this may change or disappear in an instant. Particular attention should also be paid to the payment method. Direct money transfers should be avoided. Payments should be made either by a credit card or through the payment mechanism available on the site, as these tend to be more traceable should problems arise.
It is also worth checking the seller’s feedback ratings and read the feedback about the seller posted by previous buyers.
Odette Vella is director, Information, Education and Research Directorate, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.
odette.vella@mccaa.org.mt