A consumer bought a second-hand car from a local dealer with only 8,000km on the clock. Only two months after the purchase, the car developed a fault. After it was inspected by the dealer’s mechanic, it was confirmed that a part of the power steering system was damaged and needed to be replaced.
When taking into account the car’s age and limited mileage, as well as the nature of the defect, the consumer argued that the fault could not reasonably be considered the result of normal wear and tear. However, the dealer refused to accept responsibility and asked the consumer to pay for the repair.
The consumer contacted the Office for Consumer Affairs to enquire about his rights in this situation and the protection available under consumer legislation.
Consumers who buy second-hand products from a business or professional trader are still protected by consumer law, and their rights are broadly similar to those applicable to the purchase of new products.
In particular, the law requires that goods sold by traders must conform to the contract of sale, meaning they must correspond to the description given by the seller, be fit for their intended purpose and meet the quality and performance standards a consumer may reasonably expect, taking into account the nature of the goods and any statements made at the time of sale.
In other words, the fact that a product is purchased second-hand does not exempt the seller from responsibility, and the item purchased must still perform as reasonably expected and in accordance with the description given at the time of sale.
If these standards are not met, the seller is legally obliged to provide a remedy at no cost to the consumer. In most cases, non-conforming goods must first be repaired or replaced, unless doing so is impossible or would impose a disproportionate burden on the seller. Where repair or replacement is not feasible, consumers are entitled to request a partial or full refund, depending on the nature of the defect or problem.
These rights are protected under law and are available to consumers for two years from the date they take possession of the purchased goods, ensuring ongoing protection even for second-hand purchases.
“Consumer law does not apply in the case of second-hand goods bought from private individuals rather than businesses”
Despite these legal protections, consumers should keep in mind that second-hand goods are pre-owned and may naturally show signs of wear and tear. Such defects are generally excluded under the Sale of Goods Regulations. Therefore, before making a purchase, consumers are advised to carefully inspect the item for any visible damage and request that the seller disclose any known wear-and-tear issues. Transparency is essential, and consumers should feel entitled to ask questions and clarify the condition of the product before completing the transaction.
In the example described above, if the consumer can prove that the car’s defect is not due to normal wear and tear, the consumer is entitled to ask that the dealer covers the repair costs. Should the dealer refuse this request, the consumer may then file a formal complaint with the Office for Consumer Affairs, which can assist in resolving the dispute through its conciliation process.
Consumer law does not apply in the case of second-hand goods bought from private individuals rather than businesses. This means the remedies available under the Sale of Goods Regulations cannot be claimed if a problem arises. Instead, the buyers’ legal rights are regulated by the Civil Code, and in the event of a dispute, they would need to seek independent legal advice.
Before buying a second-hand item from a private seller, buyers should collect as much information as possible, including the seller’s full name, contact details, and proof of payment. Evidence of the product’s condition and features is also important.
For high-value second-hand items, such as cars or expensive electronics, it is recommended to have the item inspected by a trusted independent expert before completing the purchase. Buyers should also make sure to keep clear records of any agreements and all related documentation.
If the item is advertised as covered by a commercial guarantee, buyers should verify the terms, confirm that the guarantee is transferable, and obtain a copy of the guarantee and the original proof of purchase once the sale is completed.
For items sold via online marketplaces, the platform must clearly indicate whether the seller is a private individual or a trader. If the seller is an individual, buyers should be informed that consumer protection laws, including the statutory right of withdrawal, do not apply, and disputes cannot be addressed through consumer protection authorities.
If problems with second-hand goods arise, consumers should first attempt to resolve them directly with the seller.
If the item was bought from a trader and this approach is unsuccessful, the complaint may be escalated to the MCCAA’s Office for Consumer Affairs. In the case of purchases from private sellers, independent legal advice will be required.
Odette Vella is director, Information, Education and Research Directorate, MCCAA.
