A second-hand bargain can be useful, but the seller’s status changes what protections may apply. A one-off private seller is not the same as a business or second-hand dealer. Before you send money, pause long enough to ask who is selling, what the listing promises and what evidence you will keep.
Start with the seller, not the price
Consumer Protection says private sales are generally not covered by the Consumer Guarantees Act or Fair Trading Act. If you buy from a business or second-hand dealer, different consumer guarantees may apply. A seller who appears on a marketplace is not automatically a private seller or automatically a business, so look at the pattern of activity, the seller’s description and any business details they provide.
The official private-sales guidance explains that your rights depend on whether the seller is in trade or selling privately. It also suggests examining an item, asking about damage and keeping a receipt or record of what the seller said.
Use a five-check pause
- Seller: Is this a person selling one item, or someone repeatedly selling goods as a business?
- Description: Save the listing and note the model, condition, age and anything promised.
- Questions: Ask about faults, missing parts, ownership and safe operation. Keep the reply.
- Inspection: If possible, see the item work or inspect it before paying. For safety-related goods, do not skip this step lightly.
- Payment and record: Agree the price and pickup or delivery terms, keep proof of payment and do not share more personal information than necessary.
“As seen” does not mean “do not ask questions.” It means you should notice wear and accept that a private seller may not owe you the same remedy as a business. If a seller hides a serious fault, does not have the right to sell the item or misleads you, other legal rights may still be relevant. Get advice for a serious dispute rather than guessing.
Make safety part of the value calculation
A lower price is not a bargain if the item needs an expensive repair or cannot be safely used. Add likely transport, parts, cleaning and testing costs to the price before deciding. For a child’s equipment, electrical item, helmet or safety device, check condition and relevant safety information carefully. If the seller refuses reasonable questions or pushes you to pay immediately, treat that as information about the risk.
If money has been sent in an online marketplace scam, Consumer Protection advises stopping contact with the scammer, contacting your bank or payment institution and reporting the scam to Cert. This is general information, not legal advice. A few saved messages and a clear seller check can make a later conversation easier.
FAQs
Does the CGA cover every marketplace purchase?
No. Consumer Protection says private sales are generally not covered by the Consumer Guarantees Act. Rights can differ when the seller is a business or in trade.
How can I tell whether a seller is in trade?
Look at the pattern of selling, business details and how the seller describes the transaction. If unsure, ask questions and seek advice.
Why save the listing?
The listing records the description, condition and promises that influenced your decision.
Should I inspect a second-hand item?
Yes, if possible. Examine it, ask about faults and test important functions before paying.
What if a private seller hid a serious fault?
Private-sale rights are limited, but Consumer Protection says rights may still exist if the seller misled you, lacked the right to sell or sold something seriously faulty or unsafe.
What should I do after a marketplace scam?
Stop contact, contact your bank or payment institution promptly and report the scam to Cert, following the official guidance.
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