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DISPUTE RESOLUTION: Consumer or Sale of goods

Sale of Goods claims can involve some complex issues of law. The following example illustrates the potential issues that could arise:

The purchase of an expensive new car from a commercial motor trader could be funded partially by means of a credit card payment and partially by means of a consumer credit agreement.

Where the seller is acting in the course of a business Sale of Goods legislation implies certain terms into the contract for sale, including that the car should be of a satisfactory quality with regard to what is to be reasonably expected for vehicles of that type and price; also that it is fit for the purpose for which it has been supplied. In addition the salesperson may make certain representations to the purchaser concerning the provenance or attributes of the vehicle and which induce the purchaser to place an order.

If it later becomes apparent that the vehicle is defective such that the implied terms are breached, or that the sales person has made misrepresentations then, subject to certain conditions, there will be various remedies available to the purchaser.

In addition in some circumstances the purchaser may have a joint remedy against the credit card or credit agreement provider. This could be useful where a motor trader has ceased trading or has become insolvent.

The moral is that sale of goods issues can be complicated by credit and consumer protection legislation. Disentangling the complexities can be time consuming but it has to be done if the client is to hope to succeed in getting redress.