Sale of second-hand goods by professionals

Verified 24 April 2026 - Entreprendre Public Service / Directorate of Legal and Administrative Information (Prime Minister)

Everything professional may sell second-hand or second-hand goods in the course of his professional activity either as a principal or as an ancillary measure. This activity is carried out within a regulated framework: the trader must declare his activity to the competent authorities, clearly inform consumers that it is a second-hand good, provide them with legal guarantees and keep a register of movable objects offered for sale.

An asset is considered to beopportunity where it groups together several cumulative criteria:

  • Tangible movable property
  • Previously acquired and used by at least one person
  • Likely to re-use as is or after a simple repair (excluding transformation or renovation)

Example :

Furniture, linens and clothing, shoes, books, paintings and art objects, vehicles, games and toys, tools, electronic and electrical equipment, metals, jewelry, etc.

The second-hand product must be distinguished from the repackaged product, which is also a second-hand product, but checked and repaired if necessary, before being put back on sale.

To learn more about the repackaged products, it is possible to consult the sheet dedicated to this subject.

Any trader can sell second-hand goods as part of its professional activity (à main title or accessory).

Example :

A furniture trade company wishes to settle a dedicated second-hand location in a shop and/or a dedicated tab on its website.

These may include:

  • Either of assets already used as part of its activity (example: decoration, office furniture, coffee machine)
  • either or goods acquired from professionals or of private individuals which are not the manufacturers or traders.

Warning  

Works of art, collectibles, antiques, precious metals and precious stones are not considered second-hand goods.

To sell second-hand movable property or property acquired from companies or individuals who are not its manufacturers or traders, it is necessary to declare its activity to the administrative authority.

How to make the prior declaration of sale of second-hand goods?

Before starting a second-hand goods sales activity, the trader must make a prior declaration including the following information :

  • Surname and forenames of the declarant
  • Date and place of birth
  • Nationality
  • Place of usual practice of the profession
  • Legal form of the company
  • Unique company identification number (number Siren).

This statement should be addressed to the prefecture or to the sub-prefecture depending on the place where the activity is carried out. The approach to be taken is different in Paris.

In the absence of a fixed or open establishment, the domicile of the trader shall be considered as the place of establishment.

General case

Before starting the activity, you must fill out the following form:

Request for registration in the register of dealers of movable objects

You must attach the following documents :

  • Copy of an identity document (national identity card, passport, birth certificate, family record book, driving license)
  • Siren number (unique company identification number)
  • If the legal representative is a national of a Member State of the European Union (EU) : copy of the residence permit

Please note

The form mentions the extract K or Kbis in the documents to be provided, but this is no longer valid today. From now on, you must provide only the Siren number of the company, also called unique identification number of your company.

Who shall I contact

FYI  

You must keep the receipt that the prefecture hands you over. You will have to present it in case of control of the administration (police, gendarmerie, customs, tax services, etc.).

In Paris

The procedure must be carried out online:

Declaration for the activity of resale of movable objects in Paris

This request should be accompanied by the following documents :

  • Legal form of the company
  • Photocopy of national identity card or passport or birth certificate or family record book or driving license
  • Proof of address of the staff legal representative company less than 3 months old
  • If the legal representative is a national of a Member State of the European Union (EU) : copy of the residence permit
  • If concerned, the special card of street trader

Please note

The form mentions the extract K or Kbis in the documents to be provided, but this is no longer valid today. From now on, you must provide only the Siren number of the company, also called unique identification number of your company.

FYI  

We must keep the receipt that the prefecture hands you over. You will have to present it in case of control of the administration (police, gendarmerie, customs, tax services, etc.).

What to do in case of change of address of the place of the activity?

The formality differs depending on whether the change of address concerns the main establishment or the secondary establishment.

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Change of address of the main establishment

In the event of a change of address of the principal establishment, the professional must make a new prior declaration to the police station or, failing that, to the town hall:

  • of the place of the former establishment
  • and the location of the new establishment
Who shall I contact
Who shall I contact

Moving a secondary school

In case of displacement of a secondary institution, the company must make a declaration to the police station or, failing that, to the town hall of the principal place of business.

Who shall I contact
Who shall I contact

The keeping of a register of movable objects (ROM), also called flea market register, or police register, is mandatory for any company that sells second-hand movable property or property acquired from companies or individuals who are not its manufacturers or traders.

This is a register which allows theidentify all objects which have given rise to a transaction (purchased, resold, or deposited).

This identification is also intended to draw all speakers in the transaction of each object.

Form of the register

The form of the register can be either physical or dematerialized.

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Physical Registry

The register must be sided and initialed by the police commissioner or, failing that, by the mayor of the municipality in which the establishment open to the public is situated.

If a professional has several establishments open to the public, then a register shall be kept for each establishment.

Registrations must be made every day, à indelible ink, without white, no erasure or abbreviation.

The register is kept for 5 years from its closing date.

Dematerialized registry

The register may be kept by means of a automated processing of personal data in accordance with ISO 14641-1 standard.

Each consultation of the dematerialized register must be recorded with the following information: identifier of the consultant, date, time and purpose of the consultation. This information must be kept for 1 year.

The data in the register shall be kept for 10 years from their registration in the automated processing.

Mandatory particulars

A model of the register of movable objects, including all the mandatory information, is available below:

Model of register of movable objects

Criminal sanctions

THElack of register, sound inaccuracy or any refusal to present it to the competent authorities constitutes an offense.

For the natural persons, the penalty shall be 6 months imprisonment of a fine of €30,000.

For the legal persons, the penalty shall be a fine of €150,000.

The criminal liability of legal persons and that of their directors may be cumulated for the same acts. For example, a leader as a natural person may be held personally criminally liable, even if the company has already been convicted of the same acts.

A legal person may only be fined. The amount of the fine shall be multiplied by 5 compared to that provided for natural persons.

Obligation to provide pre-contractual information

As for the sale of any good or service, the seller must communicate certain information to the buyer before any sale of second-hand products (this is called “pre-contractual information”):

  • Essential characteristics of the property (description of the property)
  • Price or any other benefit offered in return
  • Delivery date or time when the sale is not immediate (example: distance selling)
  • Identity of the trader (postal, telephone and electronic contact details and activities)
  • Applicable legal guarantees (e.g. legal guarantee of conformity), as well as any commercial guarantees and after-sales service
  • Possibility of using a mediator of consumption in case of dispute.

For more information, the Ministry of Economy provides a page specifying the contractual information to be mentioned:

Pre-contractual information

Ministry of Economy

Pour en savoir plus

Obligation to provide information on certain second-hand goods

There are additional obligations information for the following goods:

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Second-hand textiles

The professional wishing to sell used or second-hand clothing and textile articles must comply with a labeling obligation.

They shall be marked with " second-hand clothing ’ or ‘ used textiles ».

This statement must appear on a sign near items.

This sign must be perfectly readable :

  • or outside
  • or inside the establishment
  • either on or near the display.

FYI  

Indication of the exact composition second-hand textiles or footwear is not not required.

Second-hand book

A book is considered to beopportunity if it has been already purchased or received at free title by a person for his own needs.

His material condition is indifferent : it may be in very good condition or satisfactory

The professional wishing to sell used books in a physical location or remotely must respect a obligation to label. It shall bear the words " opportunity » .

In case of online sale, the trader has the obligation to distinguishing between the supply of new books and the supply of used books at every stage of the purchasing journey.

Used vehicle

The professional must give some information for the buyer of a used motor vehicle :

  • Brand, type, template, version and if necessary model variant
  • Year and month of its first entry into circulation 
  • total mileage traveled since the vehicle was first put into service. In the absence of this information, the odometer mileage followed by the entry ‘ not guaranteed ».

This information must be mentioned in a document written by the professional.

For more information, the Ministry of Economy provides a page with more details on the information to be provided:

Purchase of a used vehicle: obligations of the seller

Ministry of Economy

Pour en savoir plus

Please note

The vehicle spare parts from thecircular economy are not considered to be second-hand goods.

However, the trader who markets motor vehicle maintenance or repair services has two information obligations when he uses the sale of circular economy spare parts :

  • A clear, visible and legible display from the outside, informing customers of the possibility of opting for the use of circular economy parts at the level of the public entrance.
  • When a client wishes to consent to an offer of services, the professional must collect on a durable support, its agreement to use circular economy coins.

Warning  

For other second-hand goods, it is recommended that the professional do include a statement informing the consumer that it is a ‘second-hand good’.

Legal guarantees

The following legal guarantees apply when selling second-hand goods:

  • Legal guarantee of conformity during 12 months : in the event of lack of conformity, the customer is entitled to bring the goods into conformity by repair or replacement or, if this is impossible, to the reduction of the price (partial refund) or to the cancelation of the sale (full refund and return of the product). The legal guarantee does not apply to second-hand goods sold at public auction.

Example :

Bad color, object powered by mains instead of wireless, etc.

  • Guarantee of hidden defects during 2 years : hidden defects are the hidden defects of the product sold which make it unsuitable for the use for which it is intended, or which reduce this use so much that the consumer would not have acquired it. The customer has the choice to return the product and be reimbursed in full, or to keep it and be reimbursed part of the price. If the seller knew about the defects of the product, he may be obliged to pay damages and interest to the buyer.

Example :

A faulty car engine, a bed base with broken slats, etc.

  • Some commercial guarantees may be added to these mandatory guarantees at the choice of the seller. If they exist, they must also be mentioned to customers.

Example :

Replacement of the product in case of breakdown during the 2 years following its purchase, repair of the product, etc.

To find out more, the Ministry of Economy published an article on legal guarantees:

Legal guarantees: compliance and against hidden defects

Ministry of Economy

Pour en savoir plus

Right of withdrawal

In case of purchase of a second-hand property online, the buyer has a period of 14 calendar days to withdraw from receipt of the goods or conclusion of the contract. The buyer must be informed of the right of withdrawal before the sale of the second-hand goods.

In case of purchase in a store, the right of withdrawal is not mandatory. It is the merchant who decides on this possibility the general terms and conditions of sale (GTC).

The withdrawal period does not apply to second-hand goods from public auctions.

To learn more about the right of withdrawal, a fact sheet is dedicated to this subject.