When buying from a private seller, your rights differ from buying from a business.
Private sellers are not bound by the Consumer Protection Act. This means that consumer agencies generally cannot intervene or resolve disputes between two private individuals.
Please note: This guide is for general information only. It does not constitute legal advice, and we do not accept liability for any loss arising from reliance on this guide.
What Does This Mean in Practice?
In a private sale:
The goods must belong to the seller.
The goods must match the description provided.
Beyond this, the principle of caveat emptor — “buyer beware” — applies.
This means it is your responsibility to check the item carefully before purchasing.
Good Faith Still Applies
Although private sellers are not covered by consumer legislation in the same way as businesses, they are still required to act in good faith.
This means they must:
Provide accurate information about the item.
Not knowingly sell goods that are dangerous or damaged without disclosing this.
If a private seller deliberately misrepresents an item, there may be grounds for a civil case. However, this would need to be pursued privately.
Protecting Yourself
Regardless of who you are buying from, you can reduce risk by:
Never paying for goods before you receive them.
Inspecting the item thoroughly before completing the purchase.
Being cautious of sellers who seem overly pushy or eager to rush the sale.
Treating “too good to be true” offers with suspicion.
Taking your time and asking questions is always advisable.
Warranty and Guarantee – What’s the Difference?
It is worth asking whether a warranty or guarantee applies to the item — particularly for electronics.
Guarantee
A guarantee is typically a contract between the original purchaser and the seller.
It usually cannot be transferred to a third party.
Warranty
A warranty is usually attached to the product itself.
In many cases, it remains valid even if ownership changes.
However:
The warranty provider is responsible for honouring it during its validity period.
The intended use of the product must not change significantly (for example, from private use to commercial use).
Always check the specific terms and conditions of the warranty.
Ask for Proof of Purchase
Request proof of purchase from the seller.
This is especially important when buying:
Electronics
Unwanted gifts
Items that appear unused
A product may still be under warranty even if the seller never used it — but proof of purchase is often required to make a claim.
Final Advice
When buying privately:
Ask clear questions.
Inspect carefully.
Do not feel pressured.
If something feels unclear or uncomfortable, it’s always safer to walk away.
Information provided to DoneDeal by John Shine, Director Commercial Practices, Product Safety & Consumer Credit at the National Consumer Agency.
Contact Us
If you have any further questions or would like to chat, please reach out to our Customer Support team.