Buying privately or from a shop: why your rights differ

The key rule: your rights depend not on the item but on the seller. The law protects a business purchase and a private purchase differently.

Buying from a business (shop, dealer)

If the seller is a trader (acting for business purposes), the full Consumer Rights Act 2015 protection applies: goods must be of satisfactory quality, fit for purpose and as described. If faulty, you have a right to a refund, replacement or repair. Under section 2, a trader is anyone acting for business purposes; if they claim you were not buying «as a consumer», they must prove it.

Buying from a private individual

If the seller is a private individual (not a business), the CRA 2015 does NOT apply. Instead the Sale of Goods Act 1979 applies: the goods must correspond with the description (section 13), and the seller must not mislead. But there is no requirement that a private sale be of «satisfactory quality» — «buyer beware» largely holds. So inspect the item carefully before buying.

An important trap

Some «private» sellers are really traders in disguise (selling car after car). Full consumer rights then apply, as with a shop. If in doubt, keep the advert and messages: if it said «full service history» and that is untrue, you have grounds to claim (under section 13 and for misrepresentation).

In short: a shop means strong rights and refunds for faults; a private sale means only matching the description, the rest at your risk. Inspect especially carefully before buying privately.