Buying a second-hand phone from a private seller on Facebook Marketplace, Gumtree or eBay can save money, but UK law gives you far fewer rights than when you buy from a business. A private seller only has to describe the phone accurately and have the right to sell it. A business must also sell a phone of satisfactory quality, fit for purpose, and (online) give you 14 days to cancel. This guide explains the legal differences, the scam and stolen-phone risks, Activation Lock and Factory Reset Protection, how your payment method protects you, and a checklist for meeting a seller safely.
Private seller vs refurbisher: the quick comparison
The short answer: a private sale is "buyer beware", while a business sale comes with the full Consumer Rights Act 2015. With a private seller you can only claim if the phone was misdescribed or the seller had no right to sell it. With a business you can also claim if the phone is faulty, and you usually get a warranty on top.
| What you get | Private seller (Marketplace, Gumtree, eBay private) | Business / refurbisher |
|---|---|---|
| Main law | Sale of Goods Act 1979 | Consumer Rights Act 2015 |
| Phone must match its description | Yes | Yes |
| Seller must have the right to sell | Yes | Yes |
| Satisfactory quality and fit for purpose | No | Yes |
| 14-day right to cancel when bought online | No | Yes (Consumer Contracts Regulations 2013) |
| 30-day right to reject a faulty phone | No | Yes |
| Warranty | Rarely | Often (The Tech Gadgets: 12 months on refurbished phones) |
| Checked for Activation Lock / account lock | Up to you | Should be done before sale |
What are your rights when you buy a phone from a private seller?
When you buy a phone from a private seller in the UK, the Sale of Goods Act 1979 says the phone must correspond with its description and the seller must have the right to sell it. The Act's satisfactory-quality rule applies only where the seller sells "in the course of a business", so a private seller does not have to guarantee the phone is free of faults.
Citizens Advice describes private sales as "buyer beware": the seller cannot misdescribe the item, but can leave information out. In practice, the wording of the advert is your main protection. If the listing says "fully working, battery 90%, no faults" and the Face ID does not work, you have a claim because the phone does not match its description. If the listing just says "iPhone 13, 128GB, used", you have very little to go on if a fault appears a week later.
That is why screenshots matter. Save the advert and any messages before you pay, because private listings are often deleted once an item sells.
Can you return a phone to a private seller if you change your mind?
No. The 14-day cancellation right for online purchases only applies to businesses. Citizens Advice confirms that items bought from a private individual, such as someone on a social media marketplace or online auction site, are not covered. A private seller can refuse a return unless the phone was misdescribed or they had no right to sell it.
What are your rights when you buy from a refurbisher or business?
When you buy from a business, the Consumer Rights Act 2015 requires the phone to be of satisfactory quality, fit for purpose and as described. For a used phone, "satisfactory quality" takes into account the price and description, so a refurbished phone does not have to be perfect, but it must work as a reasonable person would expect for its age, grade and price.
The main remedies under the Consumer Rights Act 2015 are:
- 30-day short-term right to reject: a full refund if the phone is faulty or not as described, within 30 days.
- Repair or replacement: after 30 days, the business gets one chance to repair or replace the phone, at its own cost and within a reasonable time.
- Six-month presumption: a fault that appears within six months is presumed to have been there at delivery unless the business proves otherwise.
- Time to claim: Which? notes you have up to six years to take a claim to the small claims court in England, Wales and Northern Ireland, and five years in Scotland.
Our guide to refurbished phone warranties and your consumer rights explains each remedy and how to make a claim step by step.
The 14-day right to cancel online orders
When you buy a phone online from a business, the Consumer Contracts Regulations 2013 give you 14 days from the day after delivery to cancel, even if nothing is wrong. You then have 14 days to send the phone back, and the business must refund you within 14 days of receiving the phone or proof of return. If you handle the phone more than you need to check it, the business can deduct for any loss in value.
At The Tech Gadgets, the 14-day legal right to cancel sits alongside a 30-day returns window from delivery; full terms are in our refund policy.
Browse refurbished phones with a 12-month warranty →
Is eBay a private sale or a business sale?
eBay can be either. eBay has private sellers and business sellers, and your legal rights follow the seller: a business seller on eBay must meet the Consumer Rights Act 2015, while a private seller only has to describe the phone accurately. Separately, eBay's own Money Back Guarantee applies to purchases from both types of seller when you pay through eBay checkout.
eBay says the Money Back Guarantee covers an item that does not arrive, arrives faulty or damaged, or does not match the listing, and you have 30 days from the actual or estimated delivery date to report a problem. eBay also says the guarantee does not cover items where any part of the payment was made outside eBay, such as bank transfer or cash. If a seller asks you to pay "off eBay" to save fees, you lose that protection.
Facebook Marketplace and Gumtree sales between individuals are usually arranged directly between buyer and seller, often with cash or bank transfer on collection. Check each platform's own terms before you rely on any buyer protection.
What if the phone turns out to be stolen?
If you unknowingly buy a stolen phone, Citizens Advice says you should not get into trouble, but you should contact the police on 101 straight away, get a crime reference number, and ask the seller for a refund. Citizens Advice also warns against keeping the phone or handing it back to the seller yourself, because that could count as handling stolen goods.
The practical problem is that the phone is likely to go back to its rightful owner, and a private seller who sold you a stolen phone may be hard to trace. The Sale of Goods Act 1979 says a seller must have the right to sell, so you have a legal claim against them, but enforcing that claim against an untraceable person is another matter.
Before you pay, ask for the IMEI number. On an iPhone, Apple says you can find the IMEI in Settings > General > About. Check that the number on screen matches the number on the SIM tray or box, and run it through an IMEI-checking service to see whether it has been reported lost or stolen.
Activation Lock and Factory Reset Protection: the biggest private-sale risk
Activation Lock (iPhone) and Factory Reset Protection (Android) stop anyone using a phone after a reset unless they enter the previous owner's account details. If a private seller hands over a phone still linked to their account, you may not be able to use it at all. Always complete the first setup screens in front of the seller before you pay.
Checking an iPhone
Apple's advice for buying a used iPhone is clear:
- Turn the iPhone on. If you see an "iPhone Locked to Owner" screen, the iPhone is protected by Activation Lock. Apple says not to take ownership of it.
- If the passcode Lock Screen or the Home Screen appears, the iPhone has not been erased. Ask the seller to erase it fully.
- Start setup. If the iPhone asks for the previous owner's Apple Account, hand it back and ask the seller to enter their password or remove it from their account.
- The iPhone is ready to use when you see the Hello screen.
Checking an Android phone
Google says that after a factory reset, a protected Android phone asks for the screen lock or the password of a Google Account previously synced to the phone. If you cannot provide that information during setup, you will not be able to use the phone. So on a Samsung, Pixel, OnePlus or Nothing phone, ask the seller to remove their Google Account and any manufacturer account, then reset the phone in front of you and check it reaches the setup screen without asking for anyone's details.
Every phone sold by The Tech Gadgets is factory reset and signed out of the previous owner's account before dispatch, with Activation Lock off on iPhones.
How your payment method protects you
How you pay decides how much help you get if something goes wrong. Cash and bank transfer offer the least protection; card payments and PayPal offer more. Private sellers usually ask for cash or bank transfer, which is one reason private sales carry more risk than buying from a business by card.
- Credit card (Section 75): Citizens Advice says you may be able to claim from your card provider if you paid more than £100 and no more than £30,000 for a single item. Section 75 usually does not apply if you paid through a third party.
- Debit card: you can ask your bank to try a chargeback.
- PayPal: Citizens Advice says you have 180 days from payment to open a PayPal dispute.
- Bank transfer: no Section 75 or chargeback. If you are tricked into paying a scammer, UK reimbursement rules for authorised push payment (APP) scams have applied to Faster Payments and CHAPS payments since 7 October 2024, up to £85,000 per claim, according to the Payment Systems Regulator. An honest sale where the phone is simply faulty is a dispute with the seller, not a scam.
- Cash: no payment protection at all.
If you have been scammed, tell your bank immediately and report it to Report Fraud, the national service that replaced Action Fraud in December 2025 (reportfraud.police.uk or 0300 123 2040).
Is a private second-hand phone actually cheaper?
A private sale is often cheaper than refurbished, but the saving pays for risk rather than quality. With a private phone you get no warranty, no inspection, no battery-health guarantee and, unless the advert says otherwise, no legal comeback for faults. A refurbished phone costs more partly because a business has tested it, taken on legal liability, and offers a warranty.
A fair way to compare is to price the risk. Take the cheapest refurbished price for the same model, then ask whether the private discount would cover a screen or battery repair if one were needed. For example, a refurbished iPhone 13 and a refurbished Galaxy S23 at The Tech Gadgets are both tested, unlocked and come with a 12-month warranty and at least 85% battery health on Like New, Excellent and Very Good grades; check today's price on the product page. Our guide to the cost of owning a refurbished flagship covers typical repair costs.
Shop refurbished iPhone 13 and see today's price →
Safe-meetup checklist for buying a phone privately
If you do buy privately, meet in a busy public place in daylight, test the phone fully before handing over money, and never pay in advance for a phone you have not seen. The checklist below covers the checks that catch the most common problems: account locks, stolen handsets, hidden faults and misdescribed batteries.
- Before meeting: screenshot the advert and messages. Ask for the IMEI and check it. Ask why they are selling and whether they have the receipt.
- Where to meet: a busy public place with good mobile signal and Wi-Fi, ideally with CCTV. Take someone with you if you can.
- Bring: your SIM card, a SIM tool, a charging cable and headphones.
- Account lock: watch the seller erase the phone, then start setup. It must not ask for anyone else's Apple Account or Google Account.
- IMEI match: compare the IMEI in Settings with the box or SIM tray.
- Network: put your SIM in and make a call. Check mobile data works.
- Hardware: test the screen for dead spots, all cameras, speakers, microphone, Face ID or fingerprint, buttons, charging port and Wi-Fi.
- Battery: check battery health in Settings if the phone shows it, and compare it with what the advert claimed.
- Payment: pay only once every check passes. Never pay a deposit to "hold" a phone.
- Paperwork: ask for a short written receipt with the seller's name, the date, price, model and IMEI.
When does buying privately make sense?
Buying privately can make sense when the phone is cheap enough that losing the money would not hurt, when you know the seller, or when you can check everything in person and pay a price well below refurbished. It makes less sense for a phone you rely on for work, banking or payments, where a fault or account lock would cause real problems.
If you would rather buy from a business, our guide to the best places to buy refurbished phones in the UK compares the options, and our best refurbished phones for 2026 shortlist suggests models by budget.
Shop refurbished phones, unlocked for all UK networks →
Frequently asked questions
Is it safe to buy a second-hand phone on Facebook Marketplace?
It can be, but the risk sits with you. A private seller on Facebook Marketplace only has to describe the phone accurately and have the right to sell it; there is no satisfactory-quality guarantee and no 14-day cancellation right. Meet in public, check Activation Lock or Factory Reset Protection, and test everything before paying.
Do I have consumer rights if I buy a used phone from a private seller?
Limited ones. Under the Sale of Goods Act 1979, the phone must match its description and the seller must have the right to sell it. The satisfactory-quality rule only applies to business sellers, so a private seller is not responsible for faults the advert did not rule out.
Can I get a refund from a private seller if the phone is faulty?
Only if the fault means the phone does not match its description, for example an advert saying "no faults" or "fully working". If the seller refuses, your remaining option may be a small claims court claim. Save the advert and messages as evidence.
What happens if I buy an iPhone with Activation Lock on?
You will not be able to set up the iPhone without the previous owner's Apple Account details. Apple advises not to take ownership of any used iPhone protected by Activation Lock. Ask the seller to remove it from their account; if they cannot or will not, do not buy it.
Is a refurbished phone better than a second-hand phone?
A refurbished phone from a business is usually the safer choice. It comes with Consumer Rights Act 2015 protection, a 14-day cancellation right when bought online, and often a warranty. A private second-hand phone can be cheaper but carries more risk of faults, account locks and theft.
What is the safest way to pay for a second-hand phone?
Paying by credit card gives the most protection, through Section 75 for single items over £100 and up to £30,000. Private sellers rarely accept cards, so in a private sale, pay only after checking the phone in person, and avoid paying deposits or bank transfers in advance.
Where is the best place to buy a second-hand phone in the UK?
The safest place is a business that tests, grades and warranties its phones, because you get full consumer rights. Marketplaces such as eBay add their own buyer protection when you pay through their checkout. See our guide to the best place to buy refurbished phones.