Second-hand goods are usually sold "as is". This makes it important to examine goods carefully before committing to a purchase. Buyers generally can't make claims based on defects that could have been noticed in a normal examination of the goods. By law, second-hand goods are considered defective if they are in worse condition than the buyer could reasonably expect considering the price. The law specifically emphasises the seller's responsibility to provide sufficient information in the context of second-hand goods transactions. Goods are also considered defective if
The Consumer Protection Act does not apply to transactions between two private individuals. For example, if you buy a used car from another private individual, the consumer authorities will not be able to help or settle disputes should they arise.
The responsibility for defective goods sold in flea markets and second-hand shops is determined on the basis of who the goods are purchased from.
Purchase of flea market goods directly from a private individual is considered a transaction between two private individuals, which is not covered by the Consumer Protection Act.
However, purchase of goods from an intermediary or flea market where people have brought their goods for sale by a business is governed by the Consumer Protection Act and Product Safety Act. The Consumer Protection Act stipulates that an intermediary has the same liability for the goods in question as a direct seller. Some flea markets can be considered to be intermediaries covered by this provision.
The Consumer Protection Act does not apply where used goods are sold by auction where the buyers participate in person. Thus consumer authorities can't handle claims of defects for goods bought at auctions. As for online auctions, there is presently no precedent on whether the auctioneer has liability for goods sold.