Second Hand Goods: Your Consumer Rights

Consumer Rights Act 2015 still applies when buying used items from business sellers (eBay, Vinted, specialist retailers). Learn how satisfactory quality is adjusted for age and when to reject faulty second-hand goods.

Quick Answer

Consumer Rights Act 2015 applies to second-hand goods sold by traders (businesses). "Satisfactory quality" is adjusted for age and price: a 10-year-old car needs lower expectation than a 1-year-old car. Private sales exempt (Facebook, cash sales between individuals). Within 30 days you can reject faulty second-hand goods for refund if quality falls below what's fair for the age and price. eBay, Vinted Pro (business selling), specialist used retailers = you have rights. Private sellers = no statutory protection (but still liable for deliberate misrepresentation).

Claiming Rights on Second Hand Goods

1

Determine Seller Status

Business seller (trader/retailer) = Consumer Rights Act applies. Check: eBay "business seller" badge, Vinted Pro seller, "selling on behalf of", company name on invoice. Private seller (casual individual) = no statutory CRA rights. If unsure, assume business unless profile clearly personal.

2

Document the Fault

Inspect item for faults. For second-hand goods, fault must be unfair for the age and price. Example: 2010 car with 150k miles - normal wear expected, but engine failing = faulty. Brand new 2024 second-hand item failing = clearly faulty. Take photos, test functionality, compare to listing description.

3

Claim Within 30 Days

Email seller within 30 days (same as new goods). State: "This item is faulty for its age/price. I reject it under Consumer Rights Act 2015 and demand refund." Provide order reference and fault details. Business sellers expect CRA claims; they must comply or face escalation.

What the Law Says

Consumer Rights Act 2015, ss.9-17 & Schedule 2 (Satisfactory Quality for Second Hand)
Second-hand goods must be of satisfactory quality, adjusted for age and price. Schedule 2 clarifies: durability expectations for second-hand differ from new. A used car is judged by the mileage and year; a used phone by the condition and age. Seller must declare known defects before sale. Undisclosed defects = faulty. Faults expected for the age (cosmetic wear, normal aging) may be acceptable; major faults (broken core function) are not.
Consumer Rights Act 2015, s.62 (Sale Description & Accuracy)
Item must match the description. "Fully working", "pristine condition", or "no defects" are statements you can rely on. If description says "working" but item is broken, it's faulty (as described). Private sales are excluded from CRA; business sellers must meet CRA standards. "As seen" cannot override CRA if goods are faulty.
Private Sales Exception & Misrepresentation
Private sales have no Consumer Rights Act protection. However, you can still sue for deliberate misrepresentation (lying to get a sale). If private seller said "mint condition" and it's broken, you can sue for damages in small claims. Burden is on you to prove deliberate dishonesty, not just quality fault.

Second Hand Scenarios

Used Item From eBay Business Seller

Full Consumer Rights Act applies. Seller is a trader. If faulty (even accounting for age), reject within 30 days. Get refund. eBay has dispute system; escalate through eBay if seller refuses CRA remedy.

Second Hand From Private Facebook Seller

No CRA protection. But if seller lied (said working, it's broken), sue for misrepresentation. Burden on you to prove they knew. Safer to inspect before paying. Get contact details before handing cash.

Used Phone Listed "Mint, Fully Working"

If phone is broken or major defect, faulty (doesn't match description). If business seller on eBay/Vinted Pro, reject within 30 days. If private, sue for misrepresentation. Cost may not justify claim; avoid private sellers for expensive items.

10 Year Old Car With Mechanical Fault

Expectations are lower for 10-year-old car. But core function (engine, transmission) must still work. If seller hid an engine fault, it's faulty. If visible wear (rust, dents) it's likely fair for age. Consumer Rights Act applies; reject faulty cars within 30 days.

"Sold As Seen" Label on Second Hand Item

"As seen" cannot override Consumer Rights Act for business sellers. If faulty for its age/price, you can still reject. "As seen" applies to obvious visual faults only, not hidden defects or failures of core function.

Vinted Pro (Business Seller)

Vinted Pro = business selling (must declare). Full CRA applies. If faulty, reject within 30 days. Vinted has dispute resolution. Casual Vinted users = private sellers; no CRA. Check seller profile for "Pro" badge.

Frequently Asked Questions

Does Consumer Rights Act apply to private sales? +
No. Consumer Rights Act only applies to business sellers (traders). Private sales have no CRA protection. You can, however, sue for misrepresentation if seller deliberately lied (knew it was faulty but said it was working). Burden on you to prove dishonesty. Avoid private sales for valuable items without inspection.
What's fair for a second-hand item's age? +
Satisfactory quality for second-hand is adjusted for age. A 20-year-old car shouldn't be held to new car standards. However, core function must still work. Normal wear (cosmetic, minor) is acceptable. Major faults (engine doesn't start, cracked screen, water damage) are not. Law expects you to inspect before buying, but hidden defects are seller's liability.
Can I return a second-hand item after trying it? +
Only if faulty. Consumer Rights Act cooling off (14 days, unwanted items) applies to some second-hand goods via distance sales (online), but not in-person sales. In-person second-hand sales have no cooling off. You must claim faulty to return. Inspect before purchasing to avoid disputes.
How do I prove the seller is a business, not private? +
Check: platform badges (eBay "business" label, Vinted "Pro"), company name on invoice, multiple sales of similar items (pattern of trading), professional listing, return address is business address. If unsure, assume business; burden on seller to prove they're private. Consumer-friendly interpretation.
What if seller disclosed the fault before I bought? +
If seller clearly disclosed known faults ("has a scratch", "slight water damage"), those aren't faulty. You accepted them knowingly. Hidden faults (seller didn't mention them, but they exist) are faulty. Burden on seller to disclose known issues. If undisclosed, you can claim within 30 days.
Do second-hand items sold on Amazon have CRA protection? +
Yes, if the seller is a business (check "sold by" on listing). Fulfilled by Amazon or third-party professional sellers = business = CRA applies. Amazon handles disputes well; use their A-to-Z guarantee. Private sellers on Amazon also exist; check seller profile. Business sellers cannot opt out of CRA rights.

Faulty Second Hand Item? Get a Refund

Claim your rights under Consumer Rights Act 2015 and reject the goods.

Start Your Refund Claim