Right to a repair or replacement?

[J Smith]

Hi,

I was wondering where I stand under the sales or goods act on a second hand item I purchased a few months ago which as recently become faulty.

In a nutshell I purchased a PC graphic card from a private seller, the graphic card was about 12 months old when he sold it to me and was in great working order and worked fine in my PC for five months or so.

However, the item as recently died, which of course is no fault of the seller, but I was wondering under UK consumer law if I would be entitled as a second hand purchaser to return the item to the manufacturer for a repair or replacement (without the original receipt) as it clearly states on the box it as a 3 year manufactures warranty.

I'll be grateful for any advice.

Thanks.

J Smith.

 

[Tony]

Hi J Smith,

And welcome to the forum. I am afraid not:

Firstly, remember that the statutory entitlement of quality and fitness for purpose only applies when buying from someone who is ‘acting in the course of a business’ i.e a second-hand car dealer. You do not have any legal recourse as regards quality where you are buying through an individual who is selling an item as a one-off private sale (although they must have legal title and it must be as described in the advert).

Secondly, when buying second hand, there is a general recognition in law that the reduced price you pay reflects the risk in taking ownership of something with a greater likelihood of developing faults or breaking down completely. You pay less because it is recognised you will have to pay the repair costs yourself rather than relying on the manufacturer’s warranty.

Read more: Second hand goods and your rights | Consumer Information
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The warranty may be transferable but that is determined by the terms of the warranty and not law.

Sorry not what you want to hear

Tony

 

[J Smith]

I didn't think so, but was worth the ask.

Thanks for the reply Tony, and thanks for the link.

JS

 

[Tony]

No problem, glad you found it useful. And thanks for your thanks it's appreciated : )