Private Purchases: How to Avoid Legal Problems and Scams
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Buying an item from another private individual may seem like a simple and convenient operation, but it hides several risks. Without the right precautions, it is possible to run into scams, disputes or legal problems. In this article, you will discover the fundamental rules for making purchases between private individuals safely, avoiding unpleasant surprises.
What Does the Law Say About Private Purchases?
The sale between private individuals is regulated by the Civil Code , which provides that the sale is valid even without a written contract. However, the seller is still responsible in the event that the goods have hidden vices or does not correspond to what was promised. In case of problems, you can ask for a refund or a termination of the agreement, but without concrete evidence it becomes difficult to assert your rights.
This is why it is essential to take some precautions before closing a deal.
1. Check the Product Carefully Before Purchasing
One of the main mistakes in private purchases is to trust without checking. To avoid problems:
✅ If possible, examine the object in person before purchasing. Check its condition and verify that it matches the description provided by the seller.
✅ If the meeting is not possible, Request detailed photos and videos , preferably with a functional test for electronic devices or household appliances.
✅ Be wary of anyone who refuses to provide clear information or additional details , it could be a sign of a scam.
2. Put Everything in Writing: Receipt or Sales Contract
Although it is not mandatory to stipulate a contract between private individuals, having written proof of the agreement is always advisable.
✍ For valuables (e.g. cars, motorcycles, luxury watches), draw up a sales contract is the best solution. It must include:
- Buyer and seller data
- Description of the property
- Price and payment method
- Transaction date
📩 For lower value purchases, it may be enough an exchange of emails or messages , in which the seller and buyer confirm the details of the sale.
3. Choose Safe and Traceable Payment Methods
The payment method plays a crucial role in the security of the purchase. To avoid problems:
🚫 Avoid cash payments without receipt : in case of disputes, you will have no proof of the transaction.
✔ Better to opt for traceable methods as:
- Bank transfer , which provides clear proof of payment
- PayPal with purchase protection , useful for contesting a non-compliant purchase
- Non-transferable cheque , which guarantees greater security than cash
If you need to pay in advance, make sure you receive proof of payment.
4. What to Do if the Purchase Does Not Go as Planned?
If the purchased item does not match the description, has defects or is not delivered, you can act in several ways:
🔹 Contact the seller now and try to resolve the issue amicably.
🔹 If the seller does not respond or refuses to cooperate , send a written warning via registered mail with return receipt or certified email, ordering him to respect the agreement.
🔹 If the transaction took place through an online platform , check whether it offers buyer protection and follow the procedure to open a dispute.
🔹 If the situation is not resolved , consider legal action by contacting an attorney experienced in civil law.
Conclusions
Buying privately can be convenient, but it is essential to take the right precautions to avoid legal problems. Following these tips will help you reduce risks and protect your rights in the event of disputes.
If you have any doubts or need legal assistance for a purchase between private individuals, Contact a specialized law firm to receive advice.
💬 Have you had any experiences with private purchases? Tell us yours in the comments!