Buying and selling second-hand on Wallapop, Vinted and in street markets (mercadillos)

Terms used

• Mercadillo — A mercadillo is a street market held on set days in a town, with stalls selling goods including second-hand items.
• IRPF — IRPF is Spain's personal income tax.
• Autónomo — An autónomo is a self-employed person registered with the tax agency and Social Security.
• IVA — IVA is Spain's value added tax, charged on most sales by businesses and professionals.

Key rules

• Private sale: A private seller owes you nothing like a shop guarantee, but you can act on a hidden defect within six months of delivery.
• Platform protection: Protection applies only if you pay inside the platform, so never move the payment outside it.
• Tax reports: Platforms report sellers with 30 or more sales or more than 2,000 euros in a year, which is not itself a tax bill.
• Regular sellers: Selling regularly for profit means registering as autónomo and charging IVA.

Where to buy and sell

Use a general marketplace app for electronics, furniture and anything you collect locally, and a clothing app for clothes, shoes and children's items. The clothing app is mostly shipped and charges sellers no selling fee. Classified-ads sites suit cars, property and general goods. Refurbished electronics are sold by specialist shops, and collectibles are often found on auction sites. Fees and features change, so check them in the app before you list.

A mercadillo is a street market held on set days in each town, usually in the morning. Madrid's El Rastro runs on Sundays and public holidays, roughly 9:00 to 15:00, in La Latina. Haggling is expected at second-hand and antique stalls. Cash is the main payment method, though more stalls take cards or Bizum. Watch your pockets in crowds. Stallholders need a town permit and must be registered for tax and Social Security. Your town hall sets the days and rules.

Private seller or professional: what protection you get

The type of seller decides your rights.

Private person. The shop-style guarantee does not apply. Instead, the seller is responsible for hidden defects, meaning faults you could not see. You can cancel the sale or ask for a lower price, plus damages if the seller knew about the fault. You must act within six months of delivery. A seller can exclude this responsibility in good faith, but not if they knew of the defect and hid it. Inspect the item first.

Professional seller. Used goods from a trader carry the legal guarantee. The seller must repair or replace the item, and failing that reduce the price or refund you. For second-hand goods the trader can shorten the period, but only by a clear, express agreement. The full figures are 3 years for new goods and at least 1 year for second-hand goods from a trader.

Someone who sells often and in an organised way may count as a trader, even on a private-looking profile.

Platform payment protection

Protection covers only purchases paid through the platform's own payment system. In-person cash deals and payments you arrange outside it get none.

• General marketplace app. On shipped purchases you pay the price plus a service fee, and the platform holds the money. You confirm receipt, or the money is released automatically after a short time. If something is wrong, report it within the limited window after delivery. The platform then holds the payout during the claim. Sellers normally pay no fee for shipped sales and collect the payout in their in-app wallet, then transfer it to a bank account.
• Clothing app. A buyer protection fee is added to each purchase, made up of a fixed amount plus a percentage of the price. The money is held until you receive the item. You then have a short window, about two days, to confirm all is well or report a problem such as an item not received, damaged or not as described. If you report one, the payment stays held and you are refunded, returning the item if required. With no report, the seller is paid.

Fee levels and report windows are set by the platforms, so read them in the app before you pay.

Tax when you sell

Selling a few used personal items at a loss, or without a gain, is not taxed. If you sell an item for more than you paid, the gain is a capital gain in the savings part of your IRPF.

Platforms report seller activity to the tax agency each year. You are reported if you make 30 or more sales of goods in a year, or earn more than 2,000 euros. A report does not mean your income is taxable.

Regular, organised selling for profit counts as economic activity. Then you must register as autónomo and charge IVA. If you are near these limits, ask a tax adviser about your case.

Before you pay

The safety checklist below covers meeting places, advance payments, phone and vehicle checks. The decision guide, timeline and FAQ below cover the rest.

Choosing between options

Is your seller a private person or a professional, and what protection follows?

• Buying from a private person: Fits when the seller sells their own used things occasionally.

• Buying from a professional seller: Fits when the seller is a business or sells regularly and in an organised way.

Check whether the seller sells occasionally or habitually: the more regular and organised the selling, the more likely they count as a trader and the legal guarantee applies.

Timeline and deadlines

• Receive the shipped item and confirm all is well or report a problem: within about two days of delivery

Safe second-hand purchase checklist

Before you pay for a used item

• Inspect and test the item in person before handing over any money.

• Meet in a busy public place, or a safe spot designated by the police.

• Pay through the platform's protected payment when it is offered.

• Refuse to pay in advance by transfer or Bizum to someone you do not know.

• Check the seller's profile, reviews and photos before you agree.

• Check a phone's or electronic item's IMEI or serial number against blocklists, and ask for the original invoice.

• Ask for the DGT report (Spain's traffic authority) and the registration papers when buying a vehicle.

• Keep your chat and payment inside the platform, and ignore external links that claim to be payment or secure shipping pages.

• Walk away if the seller asks to move to WhatsApp, pressures you to pay fast, or sends you more money than the price and asks for a refund.

• Never share card codes or banking passwords with a buyer, seller or courier.

• Keep the chat messages and proof of payment.

• If you are scammed, report it to the platform, the Policía Nacional or Guardia Civil, a consumer office (OCU or your town hall's OMIC) and your bank.

Frequently asked questions

Does platform protection cover a deal I do in person?

No, platform protection covers only shipped purchases paid through the platform's own payment system. In-person cash deals and payments made outside the app are not covered. The platform holds the buyer's money until the item arrives, so keep the payment inside the app.

Will the tax agency know about my sales on a second-hand app?

Yes, platforms report sellers to the Agencia Tributaria (Spain's tax agency) if they make 30 or more sales or earn more than 2,000 euros in a year. A report does not mean the income is taxable. Selling used personal items at a loss is not taxed, and a sale above the purchase price is a capital gain in your IRPF (income tax) return.

When do I need to register as autónomo to sell second-hand?

You need to register as autónomo (self-employed) and charge IVA when your selling is regular and organised for profit. Occasional sales of your own used things do not count as an economic activity. Ask a tax adviser if you are near that line.

Can I haggle and pay by card at a mercadillo?

Yes, haggling is common and expected at second-hand and antique stalls, but cash is the main payment method. More stalls now take cards or Bizum, so ask before you choose. Keep your bag closed, because pickpocketing is common in crowded markets such as El Rastro in Madrid.