There is a section devoted specifically to buying from online auction sites such as ebay, but for now there are some points to bear in mind when buying second-hand.
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.
But what if you buy something which breaks down shortly afterwards leaving you with a massive repair bill. Could you argue that the seller was aware of this fault but said nothing? This may be difficult to prove.
Or is it the case that it is something a pre-sale examination by you should have revealed? Not if the fault only because apparent after some weeks of use.
Depending on the problems encountered (safety implications for example, if it is a car), the length of time you’ve had it, the price you paid and your expectations of the future usage, you may have a good chance of rejecting the item and claiming a full refund.
More Common Complaints
- They say I’ve taken ownership so it’s my responsibility
- Do shops have to give me my money back?
- The shop doesn’t want to know, they say it is the manufacturer’s responsibility.
Join our 
Hiya bought used mobility scooter for 300 went short distance just to test seemed fine bought it went out on next day conked out on me informed seller she told me I had to charge for 24 hrs done this took out as soon 24 hrs was up n tyre blew n conked out again now she is refusing to give me my money back any advice plz have been to gumtree n police they say it civil matter have sent her letter giving her 14 days before contact solicitor advice would be welcome plz
Hi I paid a deposit for a table n chairs in a second hand shop and did not received it or my deposit back … wat can I do about it please
I recently bought a 5 year old car for 5550pounds when I collected and got home I noticed sent in bottom of drivers door and score
Engine in my car needed replacing and i went to a local garage who said would replace it for around £1300 so had done..once done wasnt happy and went back a few times as noisy smoke water leak glo plugs and they supposedly fixed tho wasnt totally happy after more money paid so around £1500 to them or more.. they also never told us the clutch needed replacing which would have been easier when engine out.. by this time had lost faith in them and went elsewhere for the clutch.. we were aware the engine used was second hand obviously from the price… 5 months later the car engine has gone again… went to the garage and they basically said chance u take with a 2nd hand engine… do we have any rights in this situation? Id appreciate any advice thanks
Hello
I purchased a car from a private seller . There was a knocking noise I asked what it was he said it was nothing to worry about just a rubber grommet.
I took the car home and with in 20 miles the car developed an engine fault . The gentleman I purchased it from came and looked at the car said it needed a spark plug take it to the garage get them to look at it if it’s the spark plug he’ll pay for it if it’s more than he will give me a refund on the car we verabaly agreed on this
I took the car to the garage they tested it . The car has 7 engine faults . He said he’d pay for one of the things to get the car running but to get it running properly you need two repairs.
I reminded him of the fact we had a verbal agreement that anything more than a spark plug he will give me a refund . He said you brought the car sold as seen I never signed anything to say sold as seen just a purchase agreement.
Am I entitled to a refund as he made that agreement?
I bought a second hand iphone and the keypad is broke I took it back and he said I must have dropped it and won’t fix it or give me my money back he said there is nothing I can do
Hello
I wonder if anyone could tell me what my chances for a partial refund or full refund (if I return the items) are, should I proceed to the Small Claims Court.
Bought a Sofa and matching armchair plus another armchair from a Trader (will not supply company name). We saw items on Ebay and on Facebook Page and called the seller to ask some questions about the items as we know that photographs alone are not sufficient. The items, although second hand/vintage were not cheap. We were re-assured that the items were of very good quality and in very good condition, he even went as far as to claim that they would probably outlast anything new we could buy on the high street. He accepted that they were not ‘cheap’ and explained that he only deal with the top end and luxury items. He gave us a discount of £500 off the items because we were buying 3 – they were each priced individually. Even so, we paid £2,200 + delivery of £90 for the items. Within 6 weeks, 2 of the cushions developed splits and we noticed then that the leather was very, very thin. I emailed the seller and he offered to ‘patch repair’ the cushions for free but said we needed to pay the postage costs both ways. I replied that we would not accept that kind of repair as we had only had the items for less than 2 months and given what we paid, we did not feel that we should be in this situation. He then made his ‘best and final offer’. His offer was to arrange for the sofa to be restored by having new cushions made and then have the whole thing re-coloured to ensure a colour match (note this would not include the matching armchair) – He stated that he would not charge for his time and that the price was ‘trade price’ as he would use his contacts. It would cost us a total of £620. Needless to say, I rejected his ‘offer’. I then obtained some advice from the citizens advice bureau, who advised me on how I should communicate with him (via recorded mail), giving him a couple of opportunities to reply within a certain time frame before finally writing him a Before Action letter. He has never replied to me in writing, despite my request for him to do so. He has however emailed me in response to my letters (I have not replied to those emails), accusing me of basically being a greedy bully who is driven by just wanting my way. In one of my letters, I informed him that we had approached 2 independent companies to assess the cushions and both explained that the leather had perished so new ones were needed and that sofa and armchair then need to be re-coloured, waxed etc.
He was supposed to reply to my most recent letter by today but has not, so it looks like I have no other choice but to make a claim through the small claims court. What worries me is that in one of his emails to me, he said that he is happy to go to court over this but he warned me that he would be using a solicitor and when he wins, I will be “liable for his legal costs, his time and anything else he can think of”.
We already feel like we have been ripped off and I don’t want to risk being liable for potentially hundreds more pounds.
Any advice will be much appreciated.
I bought a refurbished iPhone 5 from a business and 26 days later it wouldn’t keep charge and the touchscreen wasn’t working properly. Do I have any rights?
Bought a second hand phone that doesn’t work properly is there anything I can do
I bought a second hand phone that doesn’t work properly took it back several times with different problems he laughed in my face and told me there was nothing I could do but is there anything I can
Hi,
Wondering if you can give me some advice?
I bought a car privately 37 days ago. I have since had to pay out for new oil pump . Water pump and came belt. I took it out yesterday and it caught fire. It is now a write off. Can I claim my money back from the seller ?
Thank you
I recently brought a second hand handheld Hoover through a private sale not off a trader if that makes sense the owner thought there was warranty with it but wasn’t sure how much she said she looked online and it came up saying 5 years so said there would be 4 years left ,the Hoover is working perfectly well but I phoned company they stated that particular model has 2 years warranty which isn’t a problem but they are unable to transfer as they don’t have a receipt am I able to return this to the person I purchased from or can legal routes be taken?
I bought a car from a dealer garage just over 2 months ago. I paid £13400. It now has a air intake fault & gone into limp mode = lack of power. Ive just took it back to the dealer, possible air intake manifold replacement. The garage has asked me to pay half the repair cost. Citerzen advice have said I don’t have to pay but I won’t get my car back if I don’t ??
Hi anyone can help to cut it short paid a so called friend 260 to buy a car he said I can pay up he will get the mot done but found out two garages could not sort out problem in the end had to get a mobility car not sure wot to do police carnt do anything and he is not a nice man but he is not getting away with it can anyone help
hi yesterday my son swapped his very expensive motorbike for a car smilar cost was told all ok . on way home clutch went, he got in touch with previous owner saying he wanted bike back but was told no chance he hasnt signed the bike over yet what can he do
I brought a second hand pram from a second hand shop and with in 8 weeks it has broken . Where do I stand
hi i purchased a vauxhall tigra convertable a week ago, after last weeks heavy rain i noticed a damp smell in the car, after pulling back the carpets in the drivers footwell all the deading material was sodden and at least a inch of water sloshing around this ive cleared up is the dealer responsable for finding and fixing the leak.
Hi I bought a washing machine of gumtree which he is shop of second hand goods .two half weeks machine has bearing noise he said will repair but I’m to pay for parts ? I’m not sure what to do
How do I stand I did a swop on a car 3weeks ago and now the lady has message me and said she wants her car back as the car keeps breaking down on her it was running very well when she left my house with it till now the car we had of her needed two new tryers and has an oil leak how do I stand now
Hello,
I bought a car 5 weeks ago, so over 30 days. When I drove off from the garage and went on dual carriage way I could hear humming noise which ended up being wheel bearing, also I could hear knocking noise @ the back which I could not hear on my test drive. I took car back and they have replaced wheel bearing and anti roll bar bushes. After a week I could start hearing knocking again so decided to take a car to independent garage for check up. Few things come up which are going to cost me 600£ (bushes, steering arm, alternator belt) and this is ignoring future stuff which eventually will be needed (like leaking suspension, blow in exhaust connector, pulley bearing) . It makes me wonder how this car has passed MOT with knocking suspension and wheel bearing….and not much on advisories. Is there anything I can do. I have tried to talk to dealer but it seems I cannot get any help. And unfortunately I do not have anything on paper in regards of replacing wheel bearing and ARBs, just text message saying I am taking car back because of noises.
Agi