Do you enjoy hunting for second-hand bargains? From furniture and appliances to clothing and toys, it can be satisfying to give items a second life and potentially save money by buying pre-loved.

Online marketplaces such as Facebook Marketplace, eBay and Gumtree offer convenient ways to shop but it’s important to be aware of your rights and potential risks before handing over your cash.

When a business sells second-hand products, the products must meet basic requirements called consumer guarantees.

Consumer guarantees apply to all sales of second-hand products, except for private sales between two people where the seller isn’t running a business.

Check if you’re buying from a business or private seller

It’s good practice to check whether you’re buying from a business or private seller so you’re aware of which rights apply to the transaction.

An easy way to confirm this is to ask the seller if they’re operating as a business.

Other ways to find out if you’re buying from a business could include checking:

  • whether the seller’s name is the name of a person or a business name. Look for terms like ’Company’, ‘Pty Ltd’, ’Limited’, ’Corporation’ or ‘Incorporated’
  • if there is an Australian Business Number (ABN) listed
  • contact details which link to an office location or nominate an ‘admin’ or ‘sales’ contact person
  • if you're dealing with more than one contact person.

When buying goods from an online business, under Australian Consumer Law, you have the right to expect that a product:

  • is of acceptable quality, including that it is safe, durable and free from defects
  • matches the description
  • is fit for the purpose that the consumer has told the business about, or as advertised by the business.

You have a right to a repair, replacement or refund if these consumer guarantees are not met.

If you buy from a business through an online marketplace and the business doesn’t resolve a problem, the online marketplace may be able to help, depending on the situation.

Keep in mind that the only consumer guarantees that apply to private sales are:

  • title to the product (ownership rights must be passed to you)
  • undisturbed possession (no one will try to repossess or reclaim a product you buy)
  • no hidden debts or charges.

Learn about the platform

Before buying second-hand products from an online marketplace, you should:

  • check online reviews from a range of different sources to look for complaints about sellers, information accuracy and the quality and safety of products listed on the platform
  • check if the online marketplace has buyer protection policies covering replacements and refunds if the product is unsafe
  • look for complaint-handling and dispute resolution pathways which show clear steps for resolving problems with sellers and their products.

It’s also important to be on your guard to avoid a marketplace scam. Keep communications with the seller within the platform and only use secure payments – such as PayPal – and avoid paying by gift cards, cryptocurrency, international fund transfers or giving the seller your credit card details.

Read more about marketplace scams on the ScamWatch website.

Do your product research

It’s essential that you research the product you’re buying and look at the details the seller has provided. This may include important information about the quality, safety, condition and intended use of the product. Check the listing information, photographs, and reviews.

If you’re buying second-hand, consider:

  • if the seller has provided any warnings or other information about limitations on use, defects or damage
  • whether the product may have been damaged by previous owners by being used in a way that it wasn’t designed for
  • if the product has been recalled, banned or is non-compliant with mandatory standards
  • the age of the product and how long similar products usually last. This may provide an indication of how much longer you can expect the product to last.

More information

Australian Competition and Consumer Commission (ACCC) resources:

Product safety concerns can be reported to Consumer and Business Services by using the online consumer complaints form and selecting the option to ‘report an unsafe product’.