But it doesn't give you any rights if a fault was obvious or pointed out to you at point of sale. Fit for purpose covers not only the obvious purpose of an item but any purpose you queried and were given assurances about by the trader. If you buy something which doesn't meet these conditions you have the potential right to return it, get a full refund, and if it will cost you more to buy similar goods elsewhere, compensation to cover the extra cost too. Note however that the right to reject goods and get a full refund only lasts for a relatively short time after which a buyer is deemed to have 'accepted' goods.
Instead a buyer is first and foremost entitled to have the goods repaired or replaced. If these remedies are inappropriate, then you're entitled to a suitable price reduction, or to return the goods and get a refund reduced to take account of any wear and tear.
The act covers second-hand items and sales. But if you buy privately your only entitlement to your money back is if the goods aren't 'as described'. Specific performance 55 1 In any action for breach of contract to deliver specific or ascertained goods, the court may, if it thinks fit, on the application of the plaintiff, order that the contract be performed specifically without giving the defendant the option of retaining the goods on payment of damages.
Remedy for breach of warranty 56 1 If there is a breach of warranty by the seller, or if the buyer elects, or is compelled, to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not merely because of the breach of warranty entitled to reject the goods, but the buyer may a set up against the seller the breach of warranty in diminution or extinction of the price, or b maintain an action against the seller for damages for the breach of warranty.
Interest and special damages 57 This Act does not affect the right of the buyer or the seller to recover interest or special damages in any case where by law interest or special damages may be recoverable, or to recover money paid if the consideration for the payment of it has failed. Exception 58 Sections 59 to 62 do not apply to a consignment to which the Personal Property Security Act applies.
Disposition by mercantile agent 59 1 If a mercantile agent is, with the consent of the owner, in possession of goods or of the documents of title to goods, any sale, pledge or other disposition of the goods made by the mercantile agent when acting in the ordinary course of business of a mercantile agent is, subject to this Act, as valid as if the mercantile agent were expressly authorized by the owner of the goods to make the sale, pledge or other disposition, if the person taking under the disposition acts in good faith, and has not at the time of the disposition notice that the person making the disposition has not authority to make it.
Pledge of documents of title 60 A pledge of the documents of title to goods is deemed to be a pledge of the goods. Pledge for earlier debt 61 If a mercantile agent pledges goods as security for a debt or liability due from the pledger to the pledgee before the time of the pledge, the pledgee acquires no further right to the goods than could have been enforced by the pledger at the time of the pledge.
Exchange of goods or documents 62 1 For the purposes of this Act, the consideration necessary for the validity of a sale, pledge or other disposition of goods may be either a payment in cash, or the delivery or transfer of other goods, or of a document of title to goods, or of a negotiable security, or any other valuable consideration.
Agreements through clerks 63 For the purposes of this Act, an agreement made with a mercantile agent through a clerk or other person authorized in the ordinary course of business to make contracts of sale or pledge on the agent's behalf is deemed to be an agreement with the agent.
Consignors and consignees 64 1 If the owner of goods has given possession of the goods to another person for the purpose of consignment or sale, or has shipped the goods in the name of another person, and the consignee of the goods has not had notice that the other person is not the owner of the goods, the consignee has, in respect of advances made to or for the use of the other person, the same lien on the goods as if that person were the owner of the goods, and may transfer any such lien to another person.
Effect of transfer of documents on vendor's lien or right of stoppage in transit 65 If a document of title to goods has been lawfully transferred to a person as a buyer or owner of the goods, and that person transfers the document to a person who takes the document in good faith and for valuable consideration, the last mentioned transfer has the same effect for defeating any seller's lien or right of stoppage in transit as the transfer of a bill of lading has for defeating the right of stoppage in transit.
Transfer of documents 66 For the purposes of this Act, the transfer of a document may be by endorsement, or if the document is by custom or by its express terms transferable by delivery, or makes the goods deliverable to the bearer, then by delivery. True owner 67 1 This Act does not authorize an agent to exceed or depart from the agent's authority as between the agent and the agent's principal, or exempt the agent from any liability, civil or criminal, for so doing.
Common law powers of agent 68 This Act must be construed in amplification and not in derogation of the powers exercisable by an agent independently of this Act. Exclusion of implied terms and conditions 69 Any right, duty or liability that would arise under a contract of sale by implication of law may be negatived or varied a by express agreement, b by the course of dealing between the parties, or c by usage, if the usage is such as to bind both parties to the contract.
Reasonable time 70 If by this Act any reference is made to a reasonable time, the question what is a reasonable time is a question of fact. Rights, etc. Common law, bills of sale and mortgages 73 1 Except so far as they are inconsistent with the express provisions of this Act, the rules of the common law, including the law merchant and in particular the rules relating to the law of principal and agent and the effect of fraud, misrepresentation, duress or coercion, mistake or other invalidating cause, continue to apply to contracts for the sale of goods.
Definitions 74 In this Part: "buyer's lien" means a lien arising under section 75; "payment" includes an obligation incurred by the buyer to a person, other than the seller, to whom the buyer remains liable despite a default by the seller; "seller" includes a a successor in interest or title of a seller, and b a trustee; "trustee" means a person who assumes control of a seller's property by operation of law, under legal process or under the terms of a security agreement, and includes a sheriff, a trustee in bankruptcy, a liquidator and a receiver.
Buyer's lien 75 1 If in the usual course of a seller's business the seller makes an agreement to sell goods and a the buyer pays all or part of the price, b the goods are unascertained or future goods, and c the buyer is acquiring the goods in good faith for use primarily for personal, family or household purposes, then the buyer has the lien described in subsection 2. Termination of lien 76 1 A buyer's lien is discharged when the seller a fulfills the contract of sale by causing property in goods to pass to the buyer in accordance with the contract of sale, or b refunds to the buyer the money that the buyer has paid towards the purchase price of the goods.
Priority 77 1 For the purposes of this section, "security interest" has the same meaning as in the Personal Property Security Act. Trustee's duty 78 1 A trustee who assumes control of a seller's property is, with respect to any valid and existing buyer's lien of which the trustee has knowledge, under a duty to ensure that property subject to the lien is dealt with for the buyer's benefit in accordance with this Part. Proceedings 79 1 Subject to subsection 3 , a person entitled to a buyer's lien on goods may commence a proceeding to enforce the lien in whatever court has monetary jurisdiction and the jurisdiction must be determined by reference to the amount the buyer has actually paid.
Several liens 80 1 If there are 2 or more buyers' liens over the same property and a the seller fails, or is unable, to discharge the liens, and b on the enforcement of the liens, insufficient money is realized to satisfy the claims of those buyers, then, subject to subsection 2 , the shortfall must be attributed to the buyers' claims in the proportions that their respective claims bear to the sum of those claims.
Application 81 1 The provisions of this Part and the regulations made under it apply despite any waiver or agreement to the contrary. License Disclaimer. Part 1 — General Provisions. Part 2 — Formation of the Contract. Goods perishing before sale but after agreement to sell. Implied undertaking as to title, and implied warranty of quiet possession.
If the retailer refuses to repair the goods, and won't replace them either, you may have the right to arrange for someone else to repair your item, and then claim compensation from the retailer for the cost of doing this.
You have six years to take a claim to court for faulty goods in England, Wales and Northern Ireland; in Scotland you have five years. If your claim under the Sale of Goods Act ends up in court, you may have to prove that the fault was present when you bought the item and not, for example, something that was the result of normal wear and tear. If your claim is about a problem that arose within six months of buying the product, it's assumed that the problem was there on the day you received it.
It's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or as described when it sold them. For example, a retailer might try to prove this by showing that the problem was caused by an external factor, such as accidental damage. To get a faulty product repaired or replaced, follow our step-by-step guide. To join, call us on or sign up online. After six months of ownership, it's up to you to prove that the problem was there when you received the product, even if it has taken until now to come to light.
So, you may need to prove that the fault was not down to ordinary wear and tear, or damage you caused, and that the product or a component should have lasted longer than it did. To do this, you may need an expert's report, for example from an engineer or a mechanic. Always try to keep the cost of any report proportionate to the value of the claim and, if you can, try to find an expert that you and the seller both agree has the necessary expertise.
Have your say. Do you know your consumer rights? The Sale of Goods Act has now been replaced by the Consumer Rights Act , but you may be able to claim under it if goods you bought on or before 30 September become faulty. W Which? Editorial team. In this article What is the Sale of Goods Act?
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