Milton Keynes car boot sales and markets

Car boot details

Car boot sales trading standards information

If you sell at car boot sales, you cannot afford to ignore this information.

This information 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.

Car boot sales began as a sociable way for people to sell each other their unwanted household goods. Many people liked the atmosphere of car boot sales and they quickly became a new leisure activity. Unfortunately, some businesses have started to see car boot sales as a way of carrying on trade under the guise of private individuals. They try to escape their legal obligations by refusing to honour buyers' rights. Some sell stolen, unsafe or counterfeit goods.

Are You A Trader?

A recent survey shows that most people who sell at boot sales don't consider themselves to be in trade. Many, however, admitted selling at boot sales several times a year. Trading Standards Officers have estimated that as many as 50% of sellers are regular traders.

So when does the law consider you a trader? There is no hard and fast rule, but ask yourself:

• Are the goods you are selling your personal property? If not and you buy goods in specially 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 regularly - 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, eg. markets, in the street or from home? If so, you are almost certainly a TRADER.

Milton Keynes Traders And The Law

If you don't trade under your own name but as, for example, "ANYTOWN FRUITERERS" you must display clearly your name and address where legal documents could be sent to you.

Take great care that everything you sell is safe. Be particularly careful with toys, electrical goods, upholstered furniture and clothing, especially nightwear.

Where you show a price for goods, it is an offence to charge a buyer more. It is also illegal to mislead buyers in other ways about the price of goods, for example by using price comparisons or 'sale' signs when the higher price you quote in comparison is unfair or meaningless.

It is an offence to display any sign which tries to limit a buyer's rights. Do not use signs like 'NO REFUNDS' or 'SOLD AS SEEN'. It is, in fact, an offence to limit buyers' rights at all.

Traders must show a price in writing for all goods offered for sale. This can be attached to the goods, or be placed adjacent to them.

Trading Standards Officers enforce rules governing the labelling and composition of food and will expect you to have checked that food is properly labelled, within any use-by date and of the right quality.

Fines for selling food which contravenes these requirements can be high. Environmental Health Officers are responsible for controls on hygiene and food which is unfit to eat. For advice on these aspects of food safety, you should contact them on 01908 252398.

Goods must not be misdescribed. Before selling recorded or branded items such as cassettes, video films or t-shirts, satisfy yourself that they are not counterfeit. Selling fakes is a criminal offence for which you could be fined or even imprisoned.

Selling video films 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 a prison sentence.

You must ensure that you only supply videos marked with a valid classification symbol: U, PG, 12, 15 or 18. There are some exemptions, such as some educational, sport and music videos, but if you have any doubts it is advisable not to sell. This law also applies to DVD’s and VCD’s.

It is also an offence to supply videos, DVD’s or VCD’s to young people below the age shown on the label.

If you sell something, whether new or second-hand, it should be of satisfactory quality and fit for its purpose. It should also be as you describe it.

If you sell something which does not meet these requirements, your customer has a right to a refund, provided they reject goods promptly. S/he might agree to a replacement, but their right is to a refund and, as a trader, you should be ready to honour this right.

If you are selling something with defects, you can only escape your obligation to provide a refund if you point out the fault at the time of the sale. Doing this doesn't protect you from a claim if the item has further faults.

Unlike the other Acts mentioned, you cannot be prosecuted by Trading Standards for breaking the Sale & Supply of Goods Act, but you could be sued by your customers.

Even if you are a genuine ‘non-trade’ seller, some of the above laws do still apply. In particular, the offences relating to counterfeit goods and unclassified videos apply to anyone supplying the products, even if they are not traders.

In addition, you may also have obligations under civil law. For example, if you describe goods in any way, and that description proves to be false, you will be obliged to give a refund. You could also be sued for damages if you supply an unsafe product that causes injury.

If you would like further copies of this or other fact sheets, or more advice, please contact us:

Milton Keynes Council
Trading Standards Division
Environment Directorate
PO Box 105, Civic Offices
1 Saxon Gate East
Central Milton Keynes
MK9 3HH

Tel: 01908 25 25 04
Fax: 01908 25 24 33
Email: tsd@milton-keynes.gov.uk
Website: www.tradingstandards.gov.uk/milton-keynes