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Second-hand sales
Buyer beware — vendor be responsible
Last Updated August 21, 2007
CBC News
While it's a well-known fact that it's buyer beware when it comes to purchasing used goods at garage sales and online classifieds or auctions, it may be surprising to find out that sellers bear responsibility as well. (CBC)
Combing garage sales for a sought-after item or a surprise find is a common pastime for everyone from university students looking to furnish their apartments to new parents hoping to save a little money — but alongside great bargains, there can be pitfalls.
On Aug. 7, 2007, 11-month-old Euan Artus-Elston of Richmond, B.C., died when the playpen he was napping in collapsed on his neck. His grandmother had bought the playpen months earlier at a garage sale in Winnipeg. She didn't know it was one of the models of the Century Fold-N-Go playpen that had been recalled in 1996 because the locks that held down the sides could fail, causing the sides to collapse.
That recall was updated in May 2004 after an 18-month-old boy in Virginia died when his playpen collapsed. Consumers were warned not to use the playpens anymore and destroy them, because they were deemed unsafe.
While it's a well-known fact that it's buyer beware when it comes to purchasing used goods at garage sales and online classifieds or auctions, it may be surprising to find out that sellers bear responsibility as well.
In Canada, many items sold at garage sales or online — especially children's products — fall under the jurisdiction of The Hazardous Products Act. Under the law, you cannot import, sell or even give away products that do not meet the act's requirements.
If you sell an item that poses a hazard, you could find yourself facing a lawsuit.
Here are some of the products that must meet safety requirements under the act:
Baby gates
They are banned from sale in Canada if they have large diamond-shaped or large "V" openings at the top because they pose a strangulation risk. Current standards are available under the expansion gates and expandable enclosures section of the Hazardous Products Act.
Playpens
Older playpens may not meet current standards. They could have protruding bolts that can catch on a child's clothing, or may have worn or faulty mechanisms on the folding sides of the playpen. Health Canada's juvenile products recall site lists the latest product safety alerts.
Cribs
Cribs made before the fall of 1986 do not meet current safety standards and cannot be sold in Canada. You can check the current standards for cribs under the cribs and cradles regulations section of the Hazardous Products Act. Some key elements include:
- The mattress should fit snugly, with a gap of no more than three centimetres between the mattress and interior of the crib.
- The mattress support must be firmly fixed to the end panels.
- Spacing between the bars should be no more than 60 millimetres.
- Corner posts should be no more than three millimetres high.
Cribs with visible signs of damage, missing parts or missing instructions and warning information should be thrown away and not resold. Cribs should also come with printed information on them or affixed to them that identifies the manufacturer, model number, date of manufacture and assembly instructions
Strollers
Any stroller made before 1985 will likely not meet current safety standards. They must be equipped with a lap belt, or some safety restraint that is attached to the seat or frame. Strollers that fold must have a latching system that will keep the stroller in the "manufacturer's recommended use position" until the user takes action to release the latch.
Toys
Toys with sharp edges or points or those with loose eyes or noses are potential hazards for all children. Playthings with small parts are not suitable for children under three years of age. Any toy imported into or sold in Canada must meet the regulations relating to toys under the Hazardous Products Act. Some children's toys and jewellery may contain high levels of lead. Anything containing more than 600 milligrams per kilogram of total lead is illegal to sell in Canada.
Childrens' sleepwear
Loose garments, including nightgowns, bathrobes, baby doll pyjamas and loose pyjamas burn more easily if they're made of cotton or cotton blends. These garments should be made of polyester, nylon or polyester/nylon blends to meet the flammability requirements. As well, drawstrings can pose a choking hazard: they can get caught on playground equipment and other objects.
Car seats
Buying a used car seat means taking a risk. Seats that are cracked or show any visible sign of damage cannot be sold in Canada. All seats — whether designed for infants, toddlers or children up to approximately age eight must meet the requirements set out in the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations. Details are available from Transport Canada.
Protective sports equipment
Any kind of helmet — whether for hockey, cycling or inline skating — must meet CSA International standards. Helmets for cyclists and inline skaters are not designed to absorb more than one significant impact. Protective gear that has been used intensively over two consecutive seasons should not be sold or bought.
There are other items such as lawn darts and baby walkers that have been banned for sale in Canada and cannot be sold in stores or at garage sales or online. Sites such as eBay and craigslist say sellers are not permitted to offer illegal products on their sites. However, consumers should be extremely cautious, because sometimes items slip through, and are not removed until and unless somebody complains.
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