Do you sell at car boot sales?
If you sell at boot sales, you cannot afford to ignore this information.
Each year, millions of pounds are spent at car boot sales. If you participate at these sales, regularly or otherwise, it is in your interest to read this information. It will help you decide whether you are a ‘trader’ and, if so, what you must do to comply with the law. It is also designed to help genuine private sellers decide what they should and should not sell.
Unfortunately, what started as an informal and friendly means of recycling unwanted goods has been tainted by the activities of a few rogues. These have conducted trade under the guise of private individuals and thereby tried to escape their liabilities to buyers. Trading Standards have discovered the sale of stolen, unsafe and counterfeit goods at car boot sales.
Are you a trader?
So, when does the law consider you a trader? There is no hard and fast rule, but ask yourself the following questions:
- Are the goods you are selling your personal property? If not, and you buy goods to resell, for example from newspaper adverts or a cash and carry, you are very likely to be a trader.
- Do you attend boot sales once every couple of months or more? If so, you are likely to be a trader even if boot sales are not a major source of income.
- Do you employ anyone to help you with sales? If so, you are probably a trader.
- Do you sell similar goods at other venues – e.g. markets, in the street or from home? If so, you are almost certainly a trader.
- How much of your income is derived from taking part in car boot sales? For what percentage of your income does it account?
Traders and the law
Listed below are some of the main laws that apply to traders at car boot sales:
- Consumer Protection Act 1987
Take great care that everything you sell is safe. Be particularly careful with toys, electrical goods, cosmetics, upholstered furniture and clothing, particularly nightwear.
- Consumer Transactions (Restrictions on Statements) Order 1976
It is an offence to display any sign that tries to limit a buyer’s rights. If you use signs like ‘NO REFUNDS’ or ‘SOLD AS SEEN’, as well as being illegal, they would not, in fact, limit a consumer’s rights. This is because they would be void for illegality or breach Unfair Contract Terms legislation.
Trading Standards officers enforce rules governing the labelling and composition of food. They will expect you to have checked that food is properly labelled, within any use-by date and of the right quality. Environmental Health officers are responsible for controls on hygiene and food which is unfit to eat.
- Trade Descriptions Act 1968/Trade Marks Act 1994/Copyright, Designs and Patents Act 1988/Sale of Goods Act 1979
It is a breach of contract and a criminal offence if goods are misdescribed. Before selling recorded or branded items such as cassettes, videos, DVDs or t-shirts, satisfy yourself that they are not counterfeit. Heavy penalties can be imposed on anyone who breaches copyright and trademark laws. Selling films on video or DVD is risky because the sale of films that have not been properly classified by the British Board of Film Classification can attract fines of up to £20,000 per tape or even a prison sentence. Don’t be fooled into selling bootleg music or films by the seeming informality of the setting. Even if it was not you who copied from the original you run the risk of the items being seized and you being prosecuted.
Remember
It is not our intention to spoil the fun of people who enjoy buying and selling at car boot sales. As well as being a social occasion, boot sales recycle goods and, therefore, have some environmental benefits.
Our main objective is to see that traders behave as traders and meet their obligations.
Whether you are a regular trader or not, you should be ready to co-operate with Trading Standards officers. Officers may visit boot sales at any time to carry out inspections, give advice and investigate complaints.