Experts say there are a few things to keep in mind to mitigate the extra risks of private sales online. Photo: RNZ
New Zealanders are buying and selling everything from cabins and wedding bands to nappy cakes and cars on Facebook marketplace, as well as online auction site Trade Me.
It was estimated earlier in the year that this country's secondhand market could be worth about $5.5 billion a year.
But when it comes to private secondhand sales, there are extra risks to watch out for - and not just the chance you'll get stuck in a never-ending loop of "is this available?" messages on Facebook.
Experts say there are a few things to keep in mind to help make the process smoother.
Many normal shopping laws don't apply
When you're selling an item as a private sale, the Fair Trading Act and Consumer Guarantees Act generally aren't a consideration.
It is the law of caveat emptor, or buyer beware, that generally applies.
You're buying (or selling) items "as seen", which includes any flaws or general wear and tear.
Consumer Protection advises that it could be helpful for a buyer to ask the seller to point out damage, to avoid surprises.
But if you buy (or sell) something that doesn't live up to your expectations, you can't go back to the seller for a refund.
If a seller knowingly makes a misrepresentation about a product, the buyer may be able to cancel the contract or make a claim under the Contract and Commercial Law Act.
You might have rights with the manufacturer
While you can't go to the seller, you might be able to make your case to the manufacturer if something goes wrong.
If an item is not very old and it is still reasonable to expect the original warranties to apply, you could make a claim under the Consumer Guarantees Act. It will help to have the original receipt from the person who sold you the item secondhand.
Items being delivered need to turn up on time
If you're buying or selling something that needs to be posted or couriered, it needs to turn up in a reasonable amount of time, if you haven't agreed on a set time.
If it doesn't, the buyer may have a case under the Contract and Commercial Law Act.
Electrical goods need extra care
Under the Electricity Act, electrical appliances must be safe even when sold second-hand by a private seller.
It is a good idea to have them checked by a qualified person, if possible.
If you know that something might not be safe, you can't sell it. If you think something might be suitable for parts, Consumer NZ advices you could cut the cord and apply a label saying the appliance cannot be used.
Watch out for theft risk
Sellers may need to take extra precautions to stop themselves being targeted by thieves.
Consumer NZ warns that people can create fake profiles to arrange vehicle viewings and find out more details about vehicles that are then stolen. This could apply to any item that you invite people around to your house to see.
It advised that people should host viewings for things like cars away from their homes if they could.
"Doing this means a potential criminal doesn't know where your car is usually located. Lots of people use false names online, so tell people when you arrange a viewing that you'll be taking a picture of their ID before they can view the car. This will act as a deterrent and could help recover your car if a person who views it subsequently steals it."
Its spokesperson, Abby Damen, said she had her car stolen after listing it for sale on Facebook.
"Whether or not the selling and the stealing is related is unclear. My experience is I put it on Facebook marketplace to sell it ... I thought if I use Trade Me I get charged more fees. A month later it was stolen.
"I included in my listing that it had fresh new tyres. That was a selling point but also a selling point to thieves."
She said her insurer asked her when she made a claim whether it had been listed for sale.
Check for money owing
If you're buying a vehicle, it's particularly important to check there is no security interest registered on it. This means it's been used as security for a loan. This needs to be cleared before you buy the item.
Even if you've paid for it, the lender might be able to repossess it from you.
Dispute Tribunal is your option to resolve
If things go wrong, you will probably need to go to the Disputes Tribunal for resolution.
But even that won't always give you what you want.
In one case, a buyer went to the tribunal over the Trade Me purchase of a campervan for $17,900.
The tribunal noted that a friend inspected it with her on Facetime before she bought it, and she had it mechanically checked.
But when she went to pick it up, there was a problem with batteries and on the way home the water pump was leaking. She could not get the fridge to work and the one time the gas worked there was "loud explosive bang". The heater was also not working.
She wanted $8126 to replace the heater, make the fridge compliant and fix other problems.
The tribunal adjudicator explained that there was no remedy available unless the buyer could prove the seller had misrepresented the vehicle.
The tribunal found that the condition of the fridge and heater had been misrepresented but said there were no claims made about its compliance with gas regulations.
The amount she was awarded for the heater was also depreciated because it was already 13 years old and had an expected life of 20.
You could choose to shop only on platforms with extra protection
No platform is completely scam-free. But Trade Me does have the additional option of its buyer protection policy when people use its Ping payment service.
This means that people can be refunded up to $2500 if the time is not as described or does not show up.
There are fees associated with this but Trade Me's rating function will also show you if someone has a history of selling goods that go wrong.
Sign up for Ngā Pitopito Kōrero, a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
