Buying from a private individual

Keep the following in mind 

• It can be good to examine the product yourself before you decide whether you want to buy it.

• Always examine the item if asked by the seller to do so.

• Consider writing an agreement that states what you have agreed on, including the price and the condition of the item.

• You may have the right to complain about an item to the seller even if the seller has waived responsibility for errors.

This is what applies to you as a buyer 

Examine the item before purchase 

When you buy something from a private person, it is good to examine and check the item yourself to be sure if you want to buy it or not.

However, there is no direct requirement to examine the goods before the purchase in the Sales of Goods Act. What is stated in the law is that you, as the buyer, cannot complain about errors that you can be assumed to have known about at the time of purchase. It also says that if the seller told you to investigate but you ignored it, you cannot complain about errors you were able to discover during an investigation.

Defective goods – your legal rights 

You have less statutory legal rights and consumer protection when you purchase an item from a private individual than from a commercial enterprise. Consumer law does not apply to purchases among private individuals. Instead, the Sale of Goods Act applies. The provisions in the statute are not mandatory. This means that you and the seller can write your own contract, or make an agreement, which replaces and overrides the provisions in the statute. 

But even if your protection is weaker for private purchases, you may have the right to complain about the goods if they are damaged or unusable. This is true even if the seller has sold it ‘as is’ or similarly worded. 

The goods can be considered defective if: 

• the goods are not as the seller has said to you they were 

• the goods are in a much worse condition than you could have anticipated, for example based on the price of the goods 

• the seller has failed to inform you about a serious defect in the goods of which the seller was aware of. 

If the goods are faulty, you have the right to make a claim against the seller. 

• Your first recourse would be insisting on that the seller rectifies the faults, for example by repairing them. 

• If it is not possible to rectify the defect, you can ask for a reduction in price. The price reduction should be equivalent to the cost of having the item repaired or the problem rectified. 

• If neither a repair nor a price reduction is possible, you can ask insist on rescinding the purchase. This means that you can return the goods to the seller and get your money back. 

• You can also claim damages from the seller if you can prove that you have incurred extra costs because of the faulty item. In such a situation, you must be able to produce evidence of the costs you have incurred and that these costs are directly related to the fault. 

Complain to the seller 

Contact the seller if the goods are faulty and you want to make a complaint. Explain why you think the goods are faulty and what you remedy you want from the seller. It is advisable to submit your complaint in writing, so that you have evidence if necessary. For example, you can send an e-mail or a SMS message. 

Warranties 

In some cases, goods are sold with a warranty. It is not certain that an original product warranty will remain valid when you are purchasing something from another private individual. The manufacture warranty may only apply to the original purchaser who bought the item from the company. Whether or not the warranty is transferred to the new owner depends on the terms and conditions of the warranty. 

To find out what applies in your particular situation, you will need to read the terms and conditions of the warranty. If you do not have access to the terms and conditions, you can contact the company that originally sold the item. If the seller has promised you a warranty and you later find that the company declines to honour a warranty, you should contact the seller to make a complain. 

Right of withdrawal for purchases between private individuals 

You do not have a statutory right of withdrawal when you purchase something from a private individual. For you to have a right to reconsider and rescind the purchase you and the seller must have agreed on this before the purchase was made. 

Responsibility for transport/delivery 

Responsibility for the goods passes from the seller to the buyer when the goods are handed over. When an item is considered to have been handed over depends on how the item is delivered to you. 

If you pick up the item 

If you pick up the item from the seller, or from a location agreed between you and the seller, the responsibility for the item passes to you when you pick it up. 

If the seller transports the goods to you 

If the goods are transported to you by the seller the goods are not considered turned over until they are handed over to you. It is at that point that you assume responsibility for the goods. 

If the goods are sent by a shipping company/carrier 

When the goods are transported by a shipping company, they are considered to have been handed over to you when the seller hands them over to the carrier for delivery. If the goods is damaged or lost on the during transport, you cannot complain to the shipping company if it is the seller who arranged the shipping. You can only complain to the shipping company if you are the one who has an agreement with them.

If you do not have an agreement with the shipping company, you can still try to contact them to see if they can help you in any way. Also contact the seller to see if he or she can help you in contacting the shippingt company.

Via shipping company and within the same city

When an item is handed over to a shipping company and the transport takes place within the same city, the actual legal handover does not occur until the item has been physically delivered to you. That means that the seller is legally responsible for any damage occurring in transit and may claim compensation from the shipping company. 

Duty of care – taking care of the goods 

Under the Sale of Goods Act, both the buyer and the seller have a duty of care. This means that the seller must take care of the goods for you if you do not pick them up on time. The same applies if you have received the goods, but for some reason you need to return them. Until then, you must take good care of the goods for the seller. 

Suspected fraud 

If you have paid for a product but have not received it, it could possibly be a case of fraud. Start by contacting the seller and asking for the delivery of the item purchased or that your money be refunded. If this does not help, you should consider filing a criminal complaint with the police. 

Further information about fraud is available on website of the Swedish Police (In Swedish)

If you need guidance or advice 

As consumer law does not apply to purchases between private persons, the consumer information centre Hallå Konsument can only provide basic general information on your rights and obligations. 

If you need more in-depth information or would like to discuss your individual case, you may need to contact someone who is knowledgeable in this field, such as a lawyer. 

The municipality's consumer guidance

Many municipalities offer local consumer guidance. In some cases, you can turn to them for free information and support for private purchases. The help offered varies from municipality to municipality.

Adjudication of disputes in a court or tribunal 

If you and the seller get into a dispute that you cannot resolve between both of you, it is, in the first instance the local district court, that can hear and adjudicate on the dispute. 

In such a situation, it may be worthwhile to contact a lawyer who can advise you to determine your rights and what you can make a formal claim or demand for, and what remedies you might have available to you. You should check to see if you have any legal expenses coverage via an insurance policy. Sometimes legal assistance insurance can cover certain costs such as legal fees for representation. 

Further information about settling a dispute in court