What are the legal considerations when selling a second hand stairlift?

When selling a second-hand stairlift in the UK, you must have the legal right to sell it, describe it accurately, disclose known faults and make clear what is included in the sale. The rules are different for a private individual and a business. A professional seller or installer has wider duties under consumer protection and product safety law, particularly where the stairlift is inspected, reconditioned, supplied with a warranty or installed for the buyer.

Confirm that you own the stairlift. Before advertising it, check that it was purchased outright and is not rented, leased or subject to finance. Some stairlift agreements allow the supplier to remove the equipment when it is no longer needed. Selling equipment that belongs to another person or company could result in a breach of contract and a claim from the true owner. If the stairlift was jointly owned, obtain the other owner’s agreement before selling it.

You should also check whether the original purchase or installation agreement contains restrictions on removal, resale or transfer. Keep the invoice, agreement or other evidence of ownership where available. If the stairlift was supplied through a grant or local authority scheme, ask the relevant authority whether it has any interest in the equipment or conditions affecting its disposal.

Describe the stairlift truthfully. Your listing and any conversations with the buyer should give a fair and accurate description of:

• the manufacturer, model and approximate age;
• whether it is straight, curved, outdoor or another type of stairlift;
• the staircase configuration it was designed for;
• its condition, including visible wear, battery condition and any unusual noises or movement;
• its service, repair and installation history, if known;
• any faults, missing components, warning lights or limitations;
• which items are included, such as the rail, seat, charging points, remote controls, batteries and power supply; and
• whether removal, transport, inspection, servicing, delivery or reinstallation is included.

Do not describe a stairlift as “fully working”, “serviced” or “safe” unless you have a reasonable basis for saying so. If you do not know its age, service history or technical condition, say that clearly rather than implying that the information is known. Photographs should also be current and should not hide damage or alterations that could affect installation.

Disclose known defects. A private seller must not deliberately conceal a fault or make a misleading statement that causes the buyer to enter into the transaction. This can include failing to mention a recurring fault that you know about, describing a battery as operational when it does not hold a charge, or stating that the stairlift will fit the buyer’s staircase when you have not established that it will. Keep written records of the information provided, including messages about faults and the agreed condition.

A general statement such as “sold as seen” does not protect a seller who has misrepresented the stairlift or concealed a known problem. It is reasonable to agree that a used stairlift is sold in its existing condition, but that wording should not be used to exclude responsibility for dishonesty or inaccurate descriptions.

Understand the difference between a private sale and a business sale. If you sell your own stairlift occasionally as a private individual, the buyer does not normally receive the same statutory rights that apply when buying from a trader. However, the stairlift still needs to match its description, and the buyer may have a remedy if you made a false statement, concealed a defect or did not have the right to sell it.

If you sell stairlifts regularly, sell them as part of a business, or present yourself as a professional supplier or installer, you may be treated as a trader even if the particular stairlift is second-hand. The Consumer Rights Act 2015 generally requires goods supplied by a trader to be as described, of satisfactory quality and fit for a particular purpose where that purpose was made known and the goods were supplied for it. A business cannot simply remove these rights by adding “no refunds” or “sold as seen” to its terms.

For a business sale, make the contract clear about the equipment’s condition and the service being provided. If the stairlift is sold only as used equipment for assessment by a suitably qualified installer, state that clearly. If you have inspected, reconditioned or installed it, explain what work was completed and what, if anything, remains the buyer’s responsibility. Any guarantee or warranty should set out its duration, coverage, exclusions and the process for reporting a problem.

Take product safety seriously. A stairlift is safety-critical equipment. A business supplying a used stairlift must not place an unsafe product on the market and should take reasonable steps to identify safety issues, follow applicable product safety requirements and act on any recall or manufacturer safety notice. Keep records of the model, serial number, inspection findings, repairs and the person or business to whom it was supplied. If you discover that a stairlift already sold may be unsafe, obtain appropriate technical advice and notify the buyer promptly.

Product conformity markings and technical documents may be relevant, particularly where a business is importing, substantially modifying or reconditioning equipment. A conformity mark is not proof that a used stairlift is currently safe or suitable for a particular staircase. Do not apply a new conformity marking, issue a compliance statement or claim that the equipment meets a technical standard unless you are entitled and competent to do so. Manufacturer instructions and any available installation requirements should be passed to the buyer.

Arrange a competent assessment before installation. Removing and refitting a stairlift is not simply a matter of fixing the rail to another staircase. The rail, seat, carriage, charging points, batteries, sensors, safety edges and controls must be compatible and correctly installed. A curved stairlift is normally made for a particular staircase, so its rail may not be suitable for a different home. Even a straight stairlift may require an assessment of the stair width, landing space, power supply, parking position and user’s needs.

Do not promise that the stairlift can be reinstalled at the buyer’s address until the staircase and equipment have been assessed. Use a competent, appropriately trained installer for removal, inspection, electrical checks and reinstallation. The seller and buyer should agree in writing who is responsible for these arrangements and for the cost of any replacement parts or work required before use.

Provide appropriate paperwork. Give the buyer copies of documents that are relevant and available, such as the purchase invoice, user manual, installation information, service records, repair invoices, inspection findings and details of replacement batteries or other parts. Record the model and serial number and identify exactly which components are being transferred. If documents are unavailable, say so rather than suggesting that a complete service history exists.

A written sale agreement should include the price, payment method, collection or delivery arrangements, the equipment included, its stated condition, known faults, whether it has been tested, and whether removal or installation is included. It should also record any agreement that the buyer will obtain an independent inspection before use. Avoid wording that conflicts with statements made in the listing or messages.

Consider electrical and disposal responsibilities. A stairlift that is connected to a domestic electrical supply should be checked by a suitably competent person before it is put back into service, especially if the wiring, charger, batteries or controls have been altered. Do not supply damaged cables, unsuitable chargers or degraded batteries without making the issue clear and arranging appropriate replacement or disposal.

If the stairlift is not being sold and is instead being discarded, electrical and electronic equipment and batteries may need to be handled through appropriate recycling or waste channels. Do not leave unwanted equipment for an installer or local authority to dispose of unless that responsibility has been agreed. A business may also need to retain records showing how waste was handled.

Check permissions at the property. The buyer may need the landlord’s permission before fixing a stairlift in a rented home. Listed buildings, leasehold properties and some managed developments can have additional consent requirements. These permissions usually concern the installation rather than the private sale itself, but they can affect whether the equipment can lawfully be installed and who is responsible for making good any damage after removal.

Finally, keep a copy of the advertisement, messages, contract, payment record and relevant technical documents. If the sale is made through a business, take advice on the current consumer and product safety requirements that apply to your role, particularly if you import, substantially refurbish or install the stairlift. Where ownership, safety or legal responsibility is uncertain, pause the sale until the position has been checked by the original supplier, a competent stairlift professional or a solicitor.