consumer-protection
Discovered defect after purchase of a second-hand item from a private seller
<p>I recently bought a second-hand bike from a private seller. On the second day after I bought it, I discovered a problem with the rear tyre, which was not disclosed to me by the seller. The seller let me inspect the bike on the day of deal, but I didn't notice the problem. Was this my fault that I didn't discover the problem before making a deal? Can this be considered dishonesty on the part of the seller? Is there anything I could do to avoid this from happening in my future purchases?</p>

<p>In general, a <em>private</em> seller of second hand goods makes no warranty as to their merchantability or fitness for purpose: the onus is the buyer to find any faults. However, if the seller has taken active steps to conceal the fault <em>for the purposes of the sale</em> then they are responsible. For example the courts have held that a boat placed deliberately on the sand to conceal a hole made the seller responsible while a painting covering a hole in the wall of a house did not because it had been there for many years.</p>

<p>Different laws apply if the seller is in the <em>business</em> of selling second hand goods.</p>

<p>This is a <strong><em>caveat emptor</em></strong> situation and, <strong>on the facts as given by the OP</strong>, the (private) seller is not responsible to the buyer. The situation might be different if the vendor had been a retail motorcycle dealer.  </p>

<p><strong><em>Caveat Emptor:</em></strong> <em>Latin</em> (noun). Let the buyer be beware. Law: the principle that the seller of a product cannot be held responsible for its quality unless it is guaranteed in a warranty. (Dictionary.com)</p>

<p>It would depend a lot on what the seller did or did not say. If the sale was "as is" which would be the default rule in a sale of used goods in most cases, then you are stuck. If the seller made a promise that it was in good condition, or represented that the bike was in good working condition and had no defects while knowing otherwise, then there might be liability.</p>

<p>Realistically, the money at stake would be too low to make the matter with litigating even if there was a chance that liability could be shown.</p>
