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
And if your statutory rights are broken
- They say I’ve taken ownership so it’s my responsibility
- Do shops have to give me my money back?
- The shop doesn’t want to know, they say it is the manufacturer’s responsibility.
- It’s second hand – do I have any rights?
- It was damaged on delivery
Related posts:
Moved into a new house in May 2007, after completion one of the first things we had done was to get a gas fire and surround fitted. Had no problems with the gas fire (with electric ignition) until Friday night just gone when fire tripped the electric in the house and I was unable to reignite the fire. I called the company I bought the fire from yesterday and explained what happened. They called me back to advise to try a 13 amp fuse in the electric socket for the fire (even though the fire has worked with a 3 amp fuse without any problems for 18 months). They advised if this didn’t work they could send someone out but this would cost me £100 as I’ve had the fire for over a year or I could contact the manufacturer of the fire to try to resolve. I tried there suggestion of a 13 amp fuse and the fire worked again, until I tried it again later last night and it tripped the electric again (this time with a loud bang!). Do I have any rights regarding Sale of Goods Act as I would expect a fireplace to last longer than 18 months?
Thanks in Advance
I have bought a sofa – purchased from a shop via credit card. The sofa was not designed for me but was made specifically for the purchase. However, on taking delivery of the sofa, I have realised it is completely unsuitable for my home.
I have contacted the company but they refuse a refund because the sofa is not damaged in any way, and because it was manufactured for the purchase. The sofa (and accompanying chair) cost £900.00.
Are there any circumstances in which I can ask for a refund? The furniture is still in wrapping and has it tags attached.
many thanks
Liz, I’m afraid not. The only way you will get a refund is if the sofa is faulty. Because it was made to order, you will be lucky to get even an exchange but might be worth a try.
We paid £954 for a Samsung LCD television in May 2007. In January this year the television stopped working and we used a Samsung recommended repairer to repair it. We were told that the fault was with the main board which was subsequently replaced at a cost to us of £271. We were also told that the fault could not have been caused by anything we did. We have contacted Samsung for re-imbursement but they aren’t interested as the television is outside of the 12 month warranty. We feel that we have a claim under the Sales of Goods Act as you would not expect to pay this amount on a television, only for it to stop working 20 months later. Is this correct and should we pursue the claim with Samsung?
nhcrawford, You are correct, the TV would be expected to last a good deal longer than that without fault, and you certainly shouldn’t have had to pay out for a repair yourself. The warranty is irrelevant, you have a statutory right to expect durability under Sale of Goods. The problem is trying to get your money back now. The usual procedure is to return it to the supplier who will foot the bill, rather than dealing directly with the manufacturer. However, if you were able to get a written report from the approved repairer to say it was nothing you did, then you would have a good claim against them. Give them reasonable notice to pay or threaten them with the small claims court.
I bought an LG LCD Television last year which has developed a fault. I no longer have the original receipt and the shop it was purchased from has gone out of business. I have contacted LG who claim they cannot get hold of the parts to repair it and are completely unwilling to replace it without the original receipt. I was told by one of their customer service duty managers that they would replace it, they are now sticking to their policy that “without the receipt there is nothing they can do”, but they will try to find the parts to repair it out of “good will”. There is a label on the back of the TV which states “manufactured February 2008″.
Am I entitled to a replacement from LG??
McPhee, Your contract existed between you and the retailer, and you need the receipt to show that this existed. If however you paid on credit or debit card, your statement will do just as well. If you have the guarantee and have registered it with LG, then you won’t need the receipt. It seems a little harsh that LG will do nothing, but I’m afraid without proof of purchase, they are not legally entitled to take any action.
Could anyone please help. I visited a furniture store in Peterborough in January and after sitting on various 3 piece suites, ordered 2 recliner chairs and a 2 seater settee in leather. It was delivered last Friday (27 Mar) and immediately I sat on it and found it so uncomfortable that the thought of sitting on it for the next 10 years was out of the question. I contacted the store on Saturday and explained my problem. I have had a letter from the Manager today (Wednesday) who says that there is nothing they can do. I would like to return the suite even it means paying a 20% cancellation charge but it doesn’t seem as if I can even do this. It seems most unfair that if I had ordered over the internet or telephone I would be have been entitled to 14 days to try it out before returning it but not if bought direct. If the suite in the store had been that uncomfortable I would never have ordered it in the first place and it is almost like distance selling as I didn’t actually sit on the suite that WAS delivered.
Hi
I have just bought a pressure washer (2 weeks ago) and have assembled it and read the instruction booklet fully. When attempting to use it I found that it wouldn’t work! I’ve tried the usual – with/without extension lead etc. I have the receipt, but have destroyed the packaging (cardboard box/polystyrene packing etc, so I wondered if they can insist the packaging is there, or be awkward about this, when I ask for a replacement?
Many thanks.
David
Ann, are you sure it wasn’t just a little stiff because it was new and hadn’t been sat in very much? I’m afraid there is nothing you can do unless the sofa is faulty, and even then the shop are only obliged to repair or replace it. In any case the distance selling regs (and your 7 day cooling off period) don’t apply to sofas which are made to order (which most are). You would only get this if it was a display model which was for immediate delivery.
David, this is a good question. Although shops often request original packaging, they cannot refuse to accept something on this basis. To do so is a breach of your statutory rights. As long as you have all the bits and pieces and proof of purchase, the shop is obliged to replace the faulty item for you
My wife has bought a second hand vehicle and unfortunately I could not inspect it before the purchase. Upon bringing the vehicle home we noticed that the engine management light was on, it had been covered with a sticker! I immediately contacted the dealer and he admitted to me he put the sticker over the light to stop it shining in the driver’s eyes. He told me he was going to take the bulb out! He informed me that no error were codes were being shown on the diagnostic equipment and would not except that there is a fault with it.
I then inspected further to find the vehicle is a cat c insurance right off. the air conditioning has been crushed and a pipe snapped and hidden up inside the engine compartment, SRS air bag light does not come on when turning the ignition as it should do when completing a pre check, he replaced the windscreen before the MOT and it is the incorrect one it does not allow for heating which is standard on the vehicle and light which failed the MOT has been pack up with cardboard.
My wife is obviously very upset that the dealer never informed her of these defects when she asked about the general condition of the car. Lessons learnt and we now know how to advoid this situation again but would I be covered under the SOGA?
I recently purchased a telephone/fax/answering machine from a charity shop and found that certain functions do not work. Obviously I bought it in good faith expecting to be able to use all features. They have refused to refund my money. How do I stand under the Sale of Goods Act? As a charity, are they treated any differently to a normal retailer of goods?
Roy, any firm or individual who is acting ‘in the course of a business’ has an obligation to provide you with an item which if of good quality, fit for purpose and durable. A charity shop is a commercial trader and must therefore fulfil your normal statutory rights. Having said this there is the recognition that second hand items will not perform perfectly, and if you were to take it to court, this would be taken into account. If the item generally fulfils its purpose you would probably not have a case, and would be advised to ask for a reduction on the purchase price. It depends which features are not working, how it was sold and how much you paid for it.
Jonathan, yes, absolutely, as long as you bought it from a dealer and not as a private sale. See:
http://whatconsumer.co.uk/buying-a-car/ for more on second hand cars.
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.