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Your Rights Over Second Hand Goods

If you buy goods second hand from traders or auctions, you have generaly the same rights over the product as you do if you buy it brand new. However, goods which are bought second hand are often 'sold as seen'. This means that if your attention is brought to any faults in the product, or if they are apparent, you can not complain about them later.

With second hand goods, the standards which are required for them to be of 'merchantable quality' are also much lower. For example, damaged or broken goods cannot be returned if bought as such. However, if a seller of second hand goods assures you that an item will fulfil a purpose, and it does not, you will have reasonable grounds to request a refund. An example is an appliance, which a trader assures you can be used in your kitchen, however, when you go to use it, you find it no longer works, as the electrics are fused, or the motor is burned out, et cetera.

One standard which is identical for brand new, and second hand goods is that they must be safe to use. For example, second hand traders should never sell appliances with exposed metal wires, or faulty plugs.

Buying Privately

When you buy goods privately, you buy them from a private individual, and not from any company or business enterprise. In cases such as these, you lose almost all of your statutory rights. The goods which you buy need only comply with the following rules, that they match their description and that they are owned by the seller For example, a suitcase sold as leather must be leather, and not plastic, or, a bike sold as 5 years old must be 5 years old, and not 10.

Buying privately includes goods bought through private internet ads, or goods bought through the 'classified' section of a local paper. You should remember, that it is an offence for traders to sell their goods as private individuals, and attempt to curtail your rights. If there are adverts for multiple diverse items in the paper, all of which have the same contact number, they are probably being sold by a trader, and are most likely defective in some way.

Buying At Auction

There is often dispute over whether goods sold at auction are being sold privately or not. However, very often, if goods which you buy at an auction are later found to be faulty, or not genuine, the auctioneer or the auction house may, quite legally, deny responsibility for it. It is always advisable to check the goods thoroughly before you bid for them, because in auctions, once the hammer is brought down, you have entered into a contract and cannot back out if you later change your mind.