What are my rights on Facebook Marketplace?

QI regularly buy and sell items on Facebook Marketplace ( www. facebook.com/marketplace, pictured), a site similar to ebay in which individuals can sell things. If something is wrong with an item, would buyers be covered by the Consumer Rights Act? Ben Ward

AAs with other selling sites such as Amazon, ebay, Etsy or Vinted, your rights as a buyer depend on who the seller is. You’re protected only if the seller is a trader (a registered company) or a sole trader (making an income by selling items or services). They have to abide by all the main laws that apply to traditional retailers (online and highstreet), including the Consumer Rights Act, the Consumer Contract Regulations, the Unfair Trading Regulations and the Consumer Protection Act.

It’s often difficult to get redress from sole traders, but you can file a small claim if the sum is worth chasing (as explained by Citizens Advice: www.snipca.com/38853). All goods are covered, though secondhand items are not expected to last as long as new products.

But your rights are weaker if you buy from a private seller. These are people who sell occasionally to make some money, not to earn a living. They have to stick to the rules set by the sites – so they can be banned for mis-selling – but they’re covered by criminal law, not consumer law. They can be prosecuted for fraud - if they lie about what they’re selling, for example. But they don’t have to follow consumer law when dealing with refunds. CASE CLOSED