Buying second-hand does not mean you have no rights. But your rights depend heavily on who you buy from. If you buy from a business, you get strong protection under the Consumer Rights Act 2015. If you buy from a private person, the rules are much narrower, and the old principle of “buyer beware” largely applies.
In short: a private seller must describe the item accurately and must have the right to sell it, but does not have to tell you about faults you did not ask about. A trader must sell goods that are of satisfactory quality, fit for purpose and as described, even when they are used.
This guide is general information, not legal advice. For help with your situation, contact Citizens Advice or a solicitor.
Private seller or trader: why it matters
Citizens Advice research found that over half of people did not realise they have fewer rights when buying from a private seller. On a classifieds site like NextDealUK, most sellers are private individuals clearing out their homes, but some are businesses. It is worth knowing which you are dealing with before you pay.
| Your right | Buying from a private seller | Buying from a trader |
|---|---|---|
| Item matches its description | Yes | Yes |
| Seller has the right to sell it | Yes | Yes |
| Satisfactory quality (allowing for age and price) | No | Yes |
| Fit for a purpose you told them about | No | Yes |
| Seller must volunteer faults you did not ask about | No, but they must not lie | Goods must still be of satisfactory quality |
| Refund, repair or replacement for faults | Only if the item was misdescribed or misrepresented | Yes, under the Consumer Rights Act 2015 |
Buying from a private seller
The item must be “as described”
When you buy from a private individual, the goods must match the description they gave you. That includes the ad, the photos and anything they told you in messages or in person. If the ad says “fully working” and it is not, or the photos show a different model from the one you were given, you may be entitled to your money back.
This is why it pays to keep a copy of the listing. Take screenshots of the ad and photos before you buy, and keep your chat history.
The seller must have the right to sell it
Every seller, private or business, must actually own the item or have the right to sell it. If it turns out to be stolen, or a car is still under outstanding finance, you can be left without the item and needing to recover your money from the seller. For cars, this is why a history check before paying matters so much. Our guide to buying a used car privately explains how.
Faults the seller did not mention
A private seller does not have to point out every flaw. If you did not ask and they did not say anything untrue, you generally have no claim if a fault appears later. However, they must not misdescribe the item or lie when you ask a direct question.
So ask direct questions, and ask them in writing in the chat:
- “Does everything work?”
- “Has it ever been repaired or dropped?”
- “Are there any faults I should know about?”
- “Is it yours to sell, with no finance owed?”
A clear, written answer gives you something to rely on if it turns out to be false.
Misrepresentation
If a seller made a false statement of fact that persuaded you to buy, such as saying a bike had a new chain when it did not, or that a phone had never been repaired when it had, that may be misrepresentation. Depending on the circumstances, you may be able to cancel the sale or claim compensation. Opinions (“it’s a great sofa”) do not usually count. Statements of fact do.
Buying from a trader
If the seller is a business, the Consumer Rights Act 2015 applies even to used goods. The goods must be:
- Of satisfactory quality. For second-hand items, this takes account of age, price and description. A ten-year-old washing machine is not expected to be like new, but it should work as you would reasonably expect for its age.
- Fit for purpose, including any specific purpose you told the seller about.
- As described.
If there is a problem, you generally have 30 days to reject the goods for a full refund. After that, the trader normally gets one chance to repair or replace, and if that fails you can ask for a price reduction or a refund. Faults that appear within the first six months are generally presumed to have been there at the time of sale, unless the trader can show otherwise. You will not have a claim for fair wear and tear, accidental damage, or faults you were told about before you bought.
Hidden traders: when a “private seller” is really a business
Some businesses pose as private sellers to avoid their legal duties. Under the Digital Markets, Competition and Consumers Act 2024, falsely representing yourself as a consumer is a commercial practice that is always banned. If you can show the seller was actually trading, you have your full Consumer Rights Act protection.
Signs a seller might be a trader:
- Lots of similar items listed, such as several phones or cars at once
- Stock photos, or the same background in many listings
- A car whose logbook is not in the seller’s name, often with an excuse
- Meeting at a unit, yard or “my mate’s place” rather than a home
- Reluctance to give a full name or address
Ask outright: “Are you selling this privately or as a business?” and keep the answer. NextDealUK’s posting rules require sellers to be honest about what they are listing.
Before you pay: your rights-protecting checklist
- Screenshot the ad, all photos and the price
- Ask direct questions about faults and history, in writing
- Ask whether they are a private seller or a business
- Check the item in person before paying
- For cars, check the logbook, MOT history and finance status
- Get a simple receipt with the seller’s name, the item, the price and the date
- Keep proof of payment
Our safe meet-up guide covers how to check items and pay safely in person.
What to do if something goes wrong
- Contact the seller first. Explain the problem, say what you want (a refund, a partial refund or a return) and give a reasonable deadline. Keep it polite and in writing.
- Gather your evidence. The ad screenshots, messages, receipt, proof of payment and photos of the problem.
- Get free advice. The Citizens Advice consumer helpline is on 0808 223 1133, and its website has template letters.
- Send a letter before action. If the seller will not cooperate, a formal letter stating that you will go to court if the matter is not resolved often prompts a response.
- Consider a small claim. In England and Wales, claims up to £10,000 usually go through the small claims process. You can apply online. Court fees start at £35 for claims up to £300 and depend on the amount, as listed on gov.uk. Scotland and Northern Ireland have their own processes.
If you think you were deliberately deceived, or the item never existed, that may be fraud rather than a consumer dispute. Read our guide to spotting and avoiding scams for how to report it, and let us know via our report page.
If you think you bought stolen goods
Do not keep the item or give it back to the seller. Citizens Advice recommends contacting the police on 101 or taking it to a local police station. You will not normally be in trouble if you did not know it was stolen. Keep proof of what you paid so you can pursue the seller for your money.
FAQs
Does the Consumer Rights Act apply to private sales?
No. The Consumer Rights Act 2015 covers sales by traders to consumers. In a private sale, the item must still be as described and the seller must have the right to sell it, but there is no requirement for satisfactory quality.
Can I get a refund from a private seller if the item breaks?
Only if it was misdescribed or the seller made a false statement about it. If they described it accurately and you did not ask about faults, a later breakdown is usually your risk. That is why direct written questions matter.
What does “sold as seen” mean?
From a private seller, it signals that you are buying the item in its current condition. It does not let the seller lie about the item. From a trader, “sold as seen” does not remove your rights under the Consumer Rights Act 2015.
How do I know if a seller is really a business?
Look for many similar listings, stock photos, or paperwork not in their name, and ask them directly. Businesses falsely posing as private sellers are breaking consumer law.
