# Sale of second-hand goods – possible change in the law

- Link: https://fundraising.co.uk/2001/06/28/sale-secondhand-goods-possible-change-law/
- Published: 2001-06-28T23:00:00+01:00
- Author: Howard Lake

Solicitors Bates, Wells and Braithwaite share their advice on a possible change 
in the law that would affect charities that sell second-hand goods.
Bates, Wells
and Braithwaite write in their Spring 2001 Charity Update: “Any charities involved
in the sale of secondhand goods should be aware of a potential change in the law
due to come into effect on 1st January 2002. This arises from the UK Government’s
plans to implement an EU Directive on the sale of consumer goods and associated 
guarantees.

“The DTI have issued a Consultation Document with responses requested by Monday 
2nd April 2001 following which they will draft UK legislation. Anyone interested
should access the DTI Consultation Document which is available from the “What’s 
New” section of [www.dti.gov.uk](https://www.fundraising.co.uk/www.dti.gov.uk). 
This contains a comparison of the new rights under the Directive with current consumer
rights. Secondhand goods will be covered but the period of liability for any defects
can be reduced to not less than one year. The Government does propose to allow an
exclusion for secondhand goods sold at public auction. The Consultation Document
indicates that as the current position is that guarantees will be the same for secondhand
goods as for consumer goods in terms of determining whether goods are satisfactory,
the Government is not proposing to take advantage of the exception to reduce liability
to one year for secondhand goods.”

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