TRADERS POSING AS PRIVATE SELLERS

There are three reasons why rouge traders try to pose as private individuals:

1. Consumers are fooled into believing that the goods being purchased at a discount i.e., less of any profit mark-up a trader would add.

2. There is clean get-away for the seller should the goods prove defective as the buyer will be advised that as the seller was not selling in the course of a business, the implied conditions of satisfactory quality and fitness for purpose do not apply.

3. If a false description is used a trading standard officer will be fooled into not taking any action as the Trade Descriptions Act 1968 only applies where the seller is acting in the course of a business.

The Business Advertisements (Disclosure) Order 1977 requires business sellers of goods to make it clear in their advertisements directed at consumers that they are traders. There are two exceptions to this requirement:

1. sales by auction or tender; or

2. agricultural produce or game produced or taken by the seller.