Things to consider when purchasing second hand items

When you buy used, you can get rid of the purchased if the seller was not the right owner and therefore not had the right to sell. In order for the buyer to acquire ownership of the used product in these situations , the buyer must make a so-called good faith acquisition. By merger acquisition is meant that the buyer purchased the item in the belief that the seller had the right to sell the item and that there were no circumstances which would have meant that the buyer should have suspected that the seller was not entitled to sell the item. If the buyer has not been in good faith at the time of purchase, the right owner of the item may demand to return the item, without any obligation to pay any compensation to the new buyer.

When are you in good faith?

In order to be considered in good faith at the time of purchase, the circumstances must have been such that the buyer has had no reason to suspect that the seller has not been the right owner or in any other way has not had the right to sell the item. What you should mainly pay attention to is if the price of the product is unusually low. Even the circumstances in which the sale was made are important, it can be a difference to buy in a store and to buy something in an unattended parking lot.

If you have not made a good faith acquisition, you may be obliged to hand over the product to the right owner without any compensation.

Even in good faith you can get rid of the product

For compensation

Even though a buyer has been in good faith at the time of purchase, the right owner can claim the goods back. But then it is required that the right owner pays a ransom.

The right owner must demand that the item be returned within six months of the owner being informed or reasonably should have been informed of the new buyer’s acquisition. The rightful owner must then pay a compensation that corresponds to the buyer’s costs for the acquisition, and any improvement that has been made by the item.

Without replacement

Although the buyer has been aware of what has been said, there is another problem. If the item is taken from the right owner through theft or threat, the person can claim the thing back, without having to pay the buyer any ransom. The buyer may then in turn claim the seller for damages, which of course can be more or less successful depending on the extent of the seller’s assets.

Claimed provides protection

If the buyer was in good faith at the acquisition, there is a deadline for claims from the right owner. At ten years after the new buyer’s acquisition, so-called assertion occurs.

This means that the rightful owner can then not claim back or be able to resolve the item, regardless of when he found out about the latest buyer’s acquisition.