Your Rights When Buying Second-Hand Goods in England & Wales

At a glance

• Buying from a trader (dealer, shop, online business): the Consumer Rights Act 2015 applies in full — satisfactory quality, as described, fit for purpose, and the three-tier remedy ladder.
• Buying from a private individual: the CRA 2015 does not apply. The only implied protection is that goods must match their description (Sale of Goods Act 1979, s.13). There is no right to satisfactory quality.
• 30-day short-term right to reject: if goods from a trader are faulty, you can reject them within 30 days for a full refund — no deduction for use.
• After 30 days: you may ask for repair or replacement first; if that fails, a price reduction or a (possibly reduced) final refund.
• Six-month presumption: within six months of delivery, faults are legally presumed to have existed at the time of sale — the trader must prove otherwise (CRA 2015, s.19(14)).
• Public auction exception: second-hand goods sold at a public auction where you can attend in person fall outside the CRA quality provisions (CRA 2015, s.2(5)).
• This guide covers England and Wales. Scotland and Northern Ireland have equivalent but distinct provisions.

The information on this page is general guidance only, not legal advice for your specific situation.

The most important question: who are you buying from?

Your rights depend almost entirely on whether you are buying from a trader or a private individual. Getting this wrong is the single most common mistake buyers make.

A trader is anyone acting for purposes relating to their trade, business, craft or profession — a car dealer, a charity shop, a pawnbroker, a refurbisher selling on eBay, a vintage clothing shop. If a business entity or someone running a regular commercial operation is on the other side of the transaction, the Consumer Rights Act 2015 applies.

A private seller is an individual who is genuinely selling their own goods outside any business context — a neighbour selling their old sofa, someone clearing their attic on Facebook Marketplace, a private car seller on Autotrader. The CRA 2015 does not apply to these transactions at all.

The distinction matters enormously because the rights are radically different:

| Scenario | Quality right? | Right to reject? | 14-day cancellation (online)? | |---|---|---|---| | Trader sale (any channel) | Yes — CRA 2015 s.9 | Yes — within 30 days | Yes — CCR 2013 | | Private sale (in person) | No | No statutory right | No | | Private sale (online) | No | No statutory right | No |

If you are unsure whether a seller is a trader, look at their listing history, whether they have a business name or VAT number, and how often they sell. Businesses are legally prohibited from presenting themselves as private sellers under the Consumer Protection from Unfair Trading Regulations 2008 — if you suspect a business is disguised as a private seller, report it to Trading Standards.

Your rights when buying from a trader

What the law requires: satisfactory quality (CRA 2015, s.9)

Every contract to buy goods from a trader includes an implied legal term that the goods are of satisfactory quality (s.9 Consumer Rights Act 2015). "Satisfactory" means the standard a reasonable person would consider acceptable taking into account:

• the description of the goods
• the price paid (or other consideration)
• all other relevant circumstances — including the item's age, condition, and any public statements made about it

For second-hand goods this calibration is important. A used item is not expected to be in perfect condition. A £500 car is assessed very differently from a £5,000 one. But the fact that something is second-hand does not mean it can be non-functional, unsafe, or substantially different from what was described.

Quality aspects the law considers include: whether the goods are fit for all their usual purposes, their appearance and finish, freedom from minor defects, safety, and durability (s.9(3)).

Two things the quality term does not cover:

1. Defects specifically drawn to your attention before the contract — if the seller says "the left speaker is blown" and you buy it anyway, you cannot later complain about the speaker.
2. Defects that ought to have been revealed by your examination before buying — but this is narrow. It covers cosmetic flaws plainly visible on inspection, not hidden or internal faults a lay person would not detect.

Goods must match their description (CRA 2015, s.11)

Separately from quality, any description applied to goods — whether in a listing, on a label, or said verbally — becomes a contractual term under s.11 CRA 2015. If a refurbished laptop is listed as having "8GB RAM" and arrives with 4GB, that is a breach of s.11 regardless of the laptop's overall condition.

'Sold as seen' and 'no refunds' signs are void

A trader cannot exclude or restrict these implied terms. Under s.31 CRA 2015, any such term is of no effect. A sign saying "sold as seen — no refunds" displayed by a trader has no legal force and does not limit your statutory rights.

The three-tier remedy ladder

When goods from a trader are faulty, misdescribed, or unfit for purpose, your remedies unfold in three tiers.

Tier 1: the 30-day short-term right to reject (CRA 2015, s.20 and s.22)

For the first 30 days after delivery, you have the right to reject faulty goods and receive a full refund with no deduction for use (s.20 and s.22 CRA 2015).

The 30-day clock starts the day after you take delivery. The trader must give you the refund without undue delay and within 14 days, using the same payment method you used, at no charge to you.

One important detail: if you ask the trader for a repair or replacement within the 30-day window and they begin that process, the 30-day clock pauses. After you get the goods back, you have 7 days (or whatever remains of the original 30, whichever is longer) to decide whether the repair or replacement has fixed the problem. If it has not, you can still exercise the short-term right to reject.

Tier 2: repair or replacement (CRA 2015, s.23)

Once the 30-day window has passed, you can ask the trader to repair or replace the goods (s.23 CRA 2015). The trader must do this within a reasonable time, without significant inconvenience, and at their own cost. You cannot insist on a remedy that is impossible or that would cost the trader wholly disproportionate expense compared to the other option — but if one is genuinely disproportionate, the trader must offer the other.

Tier 3: price reduction or final right to reject (CRA 2015, s.24)

You can move to this tier only if (s.24 CRA 2015):

• a repair or replacement has been carried out but the goods still do not conform; or
• both repair and replacement are impossible or disproportionate; or
• the trader failed to carry out the agreed repair or replacement within a reasonable time.

You then choose between a price reduction (reducing what you paid to reflect the defect) or a final right to reject (returning the goods for a refund). Unlike the Tier 1 refund, a deduction for your use of the goods may be made — except that for non-vehicle goods rejected within the first six months, no deduction is permitted. Motor vehicles are an exception — a deduction for use can be made on a car even within the first six months.

The six-month presumption: why timing matters

Within six months of delivery, any fault that appears is legally presumed to have existed at the time of sale — unless the trader can prove otherwise or the presumption is plainly incompatible with the nature of the fault (such as obvious misuse) (CRA 2015, s.19(14)).

This is enormously important in practice. If a fault surfaces in month four, you do not need to prove it was there when you bought the item. The legal burden sits with the trader.

After six months that presumption disappears. Your rights under ss.23–24 continue for up to six years (Limitation Act 1980), but you now need to establish on the balance of probabilities that the fault was present at the time of sale. For used goods with wear and tear, this can be difficult without expert evidence.

Practical takeaway: if a fault appears in the first six months, act quickly. Write to the trader, describe the fault, and refer to the Consumer Rights Act 2015. Do not wait.

Worked example: Priya's refurbished laptop (fictional)

Priya buys a refurbished laptop from an online electronics reseller (a trader) for £350. The listing says "fully working — battery holds charge for 6 hours." She takes delivery on 3 March.

On 18 March — 15 days later — the laptop refuses to connect to any Wi-Fi network. The fault was not mentioned in the listing and was not visible on inspection.

Day 15 — within the 30-day window: Priya emails the trader, citing the Consumer Rights Act 2015 and exercising her short-term right to reject. She is entitled to a full refund of £350 with no deduction. The trader must refund her within 14 days of receiving the laptop back and bear the reasonable cost of return postage.

Had Priya waited until day 45, she would have lost the short-term right to reject. She could still ask for a repair or replacement under Tier 2. If the repair failed, she could then claim a price reduction or final right to reject under Tier 3, though a deduction for her use of the laptop during those 45 days would be permissible.

Buying from a private seller: a different legal world

When you buy from a private individual — not a trader — the Consumer Rights Act 2015 plays no part.

The only implied protection is section 13 of the Sale of Goods Act 1979: where goods are sold by description, they must match that description. Section 13 applies to all sellers, not just businesses. So if a private seller describes the item in a listing, on a receipt, or verbally, those descriptions are binding. A mismatch entitles you to treat the contract as repudiated and claim a refund.

The Sale of Goods Act 1979, s.14 — which requires satisfactory quality and fitness for purpose — only applies to sellers acting "in the course of a business" (s.14(2)). Private sellers are explicitly excluded. There is no implied quality term in a private sale.

Beyond the description duty, your legal options are limited to:

• Misrepresentation Act 1967: if the seller made a false statement of fact that induced you to buy — for example, "it has never been in an accident" (false) or "it was serviced last month" (false) — you may have a claim for misrepresentation and be entitled to rescission of the contract or damages.
• Express terms: anything the seller agreed to in writing or verbally that formed part of the contract.

The practical implication is stark: inspect thoroughly before buying privately, ask questions in writing so you have evidence of what was represented, and consider having a used car checked by an independent mechanic before purchase. Once you hand over the money, your legal position is weak if the goods simply turn out to be poor quality.

Online marketplaces: trader or private seller?

Online platforms like eBay, Facebook Marketplace, and Gumtree host both traders and private individuals. The law that applies depends on who you are actually buying from — the platform is not the seller.

If you are buying from a trader on a marketplace, the Consumer Rights Act 2015 applies in full, and if the purchase is completed online, you also have the 14-day cancellation right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

If you are buying from a private seller on a marketplace, you are in private-sale territory. The platform's own buyer protection scheme — eBay's Money Back Guarantee or Facebook's Purchase Protection — is a contractual policy, not a legal right, but it often gives a practical remedy when goods are not as described. Check its terms before you rely on it.

Section 75 of the Consumer Credit Act 1974 is a powerful parallel protection worth noting. If you paid by credit card, and the goods cost over £100 and up to £30,000, your credit card issuer is jointly liable for any misrepresentation or breach of contract — even in a private sale, even on a marketplace. This is independent of the platform's policies and can be very effective when a private seller disappears or refuses to engage. See our guide to consumer rights when buying on credit.

Auction purchases: a specific carve-out

Auctions have their own rule. Under section 2(5) of the Consumer Rights Act 2015, if you buy second-hand goods at a public auction where individuals have the opportunity to attend in person, the implied quality terms (satisfactory quality, fitness for purpose, and the tiered remedies) do not apply.

What remains even at a public in-person auction:

• the duty that goods match their description
• the right to good title
• delivery rights

What falls outside the exemption:

• New goods at auction — the exemption only covers second-hand goods.
• Online-only auctions — if there is no opportunity to attend in person (standard eBay auction format, for example), the full CRA 2015 applies, provided the seller is a trader.
• Hybrid auctions (in-person and online bidding simultaneously) — the position for online bidders at a hybrid auction is legally uncertain and has not been tested in the courts.

What to do if a purchase goes wrong

1. Document everything first. Photograph the fault, gather your receipt or listing screenshot, and note the date you discovered the problem.
2. Write to the seller promptly. For a trader, state clearly that you are relying on the Consumer Rights Act 2015, describe the fault, and specify the remedy you want (reject, repair, or replacement). Keep it factual.
3. Give a reasonable deadline. Allow the trader a reasonable time to respond — 14 days is usually appropriate for a written response; longer for a complex repair.
4. Escalate if needed. If the trader ignores you or refuses, contact Citizens Advice for free guidance or report the trader to Trading Standards. For smaller disputes (up to £10,000), the small claims track is designed for self-represented individuals and does not require a solicitor. For distance purchases, many traders are also members of an approved alternative dispute resolution scheme.
5. Consider Section 75 if you paid by credit card. If the item cost over £100, contact your card issuer and raise a Section 75 claim.

This guide is general information about the law in England and Wales as at June 2026. It is not legal advice for your specific situation. If your dispute is high-value, complex, or involves a trader who is being obstructive, you should consider speaking to a regulated solicitor.

Last reviewed: June 2026 · Next review due: June 2027 or on legislative change.