Car boot sales

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Car boot sales can be great places to pick up a bargain, but consumers buying second hand goods need to be vigilant if they want to avoid being ripped off, or even hurt!

This page contains advice for those buying and selling at car boot sales.

Advice for bargain hunters

Bargain hunters are advised to consider the following before visiting a car boot sale:

• Be careful when buying used goods, especially toys and electrical products. Many old and damaged products find their way on to car boot sales. Some may have lost their instructions and warnings, designed to ensure their safe use, whilst wear and tear may also have affected their safety.
• Old electrical products might have old wiring and damaged plugs that could be a potential fire hazard, or could give you an electric shock.
• Broken toys can also pose a danger, revealing sharp edges and perhaps making it easier for children to access battery compartments. These toys may also come without their original instructions, making it more difficult to decide what age the toy is suitable for – toys with small part are not suitable for children under 3 as they may pose a choking hazard.
• Watch out for fakes. Unscrupulous traders may think that car boot sales are an ideal venue for disposing of counterfeit goods as it is less straightforward for them to be tracked down when goods are found to be fake. Fakes may not just be shoddy, but can be dangerous too. Counterfeit DVD’s are often of poor quality, some may even be blank! Computer software may not work properly and watch out too for fake alcohol. Spirits labelled ‘Russian Vodka’, may be little more than meths!

Remember also, buying from a private seller is not like buying from a trader. If you buy goods from someone who is in business, you have rights against the seller if they (the goods) are not of satisfactory quality, fit for the purpose or correctly described. If there is a problem with the goods you can return them to resolve the problem. However, if you buy from a private seller, the only requirement is that the goods are described correctly, so ‘caveat emptor’ or ‘buyer beware’ very much applies.

If you think the seller may be a trader ask for a written receipt with the contact details on so that you can contact him in the event of a problem.

Advice for sellers

If you sell at a car boot sale it is strongly recommended that you become familiar with the legal implications of doing so. If you are a ‘private seller’ your legal responsibilities and obligation are less than if you are a trader. It is therefore worth asking yourself – am I a private seller or a trader?

Ask yourself whether the goods you are selling are your own personal property. If they are not and you are buying goods for the express purpose of selling them for a profit you are very likely to be considered a trader under the law. Furthermore, if you attend car boot sales on a regular basis, even if it is only once every couple of months, you may be regarded as a trader. And if you employ anyone and/or sell the same type of goods from other venues, such as markets or from home, you are almost certainly a trader in the eyes of the law.

Private sellers

Even if you are not considered to be a trader, if you describe goods you are selling and that description turns out to be inaccurate, you are required to give a refund, replacement or a partial refund to reflect the misdescription.

Traders

If you believe that you are a trader, then you are required to comply with a number of laws including: Business Names Act, Consumer Protection Act, Trade Descriptions Act, Price Marking Order, Food Safety Act and Sale & Supply of Goods Act. This includes giving your customers their statutory consumer rights in full. If you require help or advice, please contact us, or visit the Business section of our website.
Good practice for selling goods at a car boot sale

• Electrical goods – we advise people not to buy or sell items like irons and electrical fires at car boot sales.
• Clothing – We recommend not selling nightwear as it may not meet the flammability requirements that traders are required to adhere to. Also be wary of selling clothes with other potential hazards, such as a child's coat with a hood-cord.
• Toys - If you sell toys always give them a good inspection to ensure there are no sharp edges or points, or small parts that can be pulled off and thereby constitute a choking hazard. Sell the toys with and inside the original packaging if you still have it, and with the instructions.
• Other danger areas - The following goods are all subject to their own safety standards when sold by traders and particular caution should therefore be applied when selling them: - prams and pushchairs, paraffin heaters, oil heaters, and nursery goods.

If you require further consumer advice, or to make a complaint about a trader, please contact our partners, Consumer Direct on 08454 04 05 06, or visit the Consumer Direct website.

Alternatively, you can complete the following form and submit direct to Trading Standards:

Consumer Complaint Reporting Form (pdf - 604kb)

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Contact us

• email: ts.es@renfrewshire.gov.uk
• call in or write to us at:
  Renfrewshire Council
  Environmental Services
  Trading Standards
  Renfrewshire House
  Cotton Street
  Paisley
  PA1 1BR