Secondhand trade is nowadays common because of several reasons. It has also been common that secondhand products are sold in new conditions with an unbroken package including a warranty. In theory it can be problematical when different legal rights comes with different contractual obligation and a including warranty can therefore be useless.
There is applicable legislation that require within obligatory relation to be able to benefit from privileges according to the consumer law. Firsthand buyers are those who can benefit from this kind of protection. While secondhand buyers legal rights are much more limited when it's secondhand trade.
According to a research we made, the result shows that there is divided opinion among individuals, about secondhand buyers right to complain a defect to the businessman who was the prime seller. The main purpose with this bachelor thesis is to investigate if, and if so, under what conditions and to what extent, the right to complaint a defect according to the Swedish consumer protection legislation can be transferred to a secondhand buyer.
To be able to analyze this complex situation it requires a survey of relevant legal rules, legal principles and case law. Contractual principles are essential and matters if legal rights according to the Swedish consumer law, at all, can be invoked.
Myresjöhus is an example of case law, which is significant to the purpose of this thesis. The case is about disposal of small house contracts, which proved to contain insufficient functional requirements because of the wall construction. The Supreme Court still has, at this moment, a question left to consider whether secondhand buyers have the right to demand compensation from the prime seller because of the defect. There is no guarantee, according to the Swedish legislation, that secondhand buyers will get what they demand. In such cases, series of consequences that would have an impact in the future can be speculated.
No matter how the outcome turns out in this case, it is desirable to get an explicit answer for the sake of predictability if it’s possible, or not, for a secondhand buyer to complain a defect to the prime seller.