Sale of Goods Act
The Sale of Goods Act 1979 is perhaps the most useful and relevant to the problems many consumers face when they make purchases on the High Street, online or by mail order. It is worth knowing about this piece of legislation, in terms of what rights you have and how you can resolve the situation, because not all shops can be relied on to act in an honourable or lawful way.
The main focus of the Act is the provision of three statutory rights, although the act goes on to describe exactly what consumers are entitled to if any of these statutory rights are breached.
There is some confusion about how the Sale of Goods Act applies to second-hand goods, items purchased on the internet or by mail order, items purchased via a doorstep sale, or anything bought from an online auction or marketplace. This following sections will cover all these situations, and hopefully give you a better understanding of how the law protects you and what you must watch out for.
How the Sale of Goods Act applies to:
- Second-hand goods
- Goods sold online or by mail order
- Doorstep sales
- Ebay or other online auctions or marketplaces
Your Statutory Rights
- How do you measure quality?
- It’s not fit for purpose
- How long should it last?
- Is the guarantee worth the paper it’s written on?
- I bought it from a bloke down the pub
- Rights when knowingly buying damaged goods
Catriona
The terms and conditions state that “The purchaser accepts that they have been given all oppertunities to inspect the vehicle to their complete satisfaction and have been given the oppertunity to have the vehicle inspected by a third party of their choice”. Will this affect my claim under the SOGA. We have also found out the air bags have been removed. The advert stated Drivers air bag and air conditioning both of which do not work. We bought it from a dealer.
Jonathan, Sale of Goods states that the seller won’t be liable for any faults which a pre-purchase inspection ought to have revealed. If these are faults which were obvious from a cursory examination of the car or a brief test drive then you probably won’t have much come-back. However if they could not have been noted from the opportunity you were given to inspect then you can claim poor quality (taking into account the recognition that it is second-hand). You could also claim elements of the car were not as described – as stated in the advert. This is another of your statutory rights. If the dealer is unwilling to deal with you, threaten to take the matter to the small claims court to recover the money you paid. Be advised however that the max you can claim through the county court will only be £5000.
I wrote back in March regarding our Samsung LCD television that stopped working after 20 months. We are still trying to claim back the cost of repair and are now in contact with the Retailer. They have asked for a diagnostic report from the repairer in order to consider the claim. We have now received this from the repairer who has said that the fault was ‘probably down to wear and tear’. Should this make any difference to the claim? Surely a television shouldn’t stop working after this amount of time even if it was in constant use (which it wasn’t)?!!
Nicola, Regardless of why the TV is breaking down, Sale of Goods makes reference to durability which gives you the right to expect items to last for a reasonable amount of time. Less than 2 years isn’t reasonable and you can rely on this. Give them 14 days to provide you with a repair or a replacement (at no expense to you) or you will recoup your costs via the small claims court.
I have just bought an Apple Macbook from PC World and I have discovered it has a stuck pixel in the screen. This is a small, bright blue spot in the centre of the screen. Now, it is small but because it is in the centre of the screen it is very noticeable when I am watching films or typing on the laptop and it bothers me a lot. I paid £720 for this laptop and the reason I bought it was because I thought Apple was a quality company for making laptops. I am going to try and take it back to PC World on Sunday but I know they are going to give me a hard time about returning a laptop for one stuck pixel as many companies have a policy that they won’t accept returns of laptops for less than three stuck pixels. What I want to know is – does this stuck pixel count as a minor defect under the sales of goods Act? And if so, how can I enforce this right in PC World? I want them to give me a new Apple Macbook that has a perfect screen.
Steph, just because companies interpret the law in their own way doesn’t mean it is correct. Therefore who is to say that less than 3 stuck pixels does not constitute unfitness for purpose? If it is hampering your use and enjoyment of the item, this is grounds enough. PC World only have to offer a repair in the first instance, not a brand new one. If they make it difficult for you ask to see them manager quoting S 48 Sale of Goods. if this yields nothing, threaten to take the matter to Trading Standards.