Sale of Goods Act Abolished !!
I see on this site many references to "The Sale of Goods Act" and felt it was time to correct this
This was a visionary piece of legislation when it was originally enacted in 1879 and in its various forms it has served the consumer well but it was replaced by The Consumer Rights Act 2015 which consolidates other consumer legislation in one place and for
the first time sets out specific time limits in relation to consumers rights. There is a good summary available online from Which (free you dont need to be a member).
In very broad terms the concepts about quality fitness and description are retained but there is much new wording and clarification. The act applies to services as well e.g. garage repairs and there are some special rules about internet purchases.
The comment that a seller (not manufacturer) is liable does however remain a fundamental point. Many dealers/sellers just don't understand this and others use it to bounce a customer back and forth until the customer gets fed up and goes away.
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Reading some of the posts on here in relation to caravan build and repair quality it is good that the Blue Van Man has made us all aware of this legislation.
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You are right about the change of legislation, but it's a bit more complex than that. The Sale of Goods Act 1979 has not be abolished. The Consumer Rights Act 2015 applies to 'contracts' made after 1st October 2015. Pre that date it's still the Sale of Goods Act 1979 that applies.
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There are of course very many subtleties in the change of legislation and yes my explanation was basic having regard to the context of where I am posting. The Sale of Goods Act 1979 has itself been subject to a host of secondary legislation and consumer
rights are also the subject of other primary and secondary legislation.0 -
BlueVanMan thanks for raising this.
I WOULD URGE PEOPLE TO CHECK THEIR SALES INVOICES/CONTRACTS FOR SALES POST 1ST OCTOBER 2015.
I wonder how many other people will have the following issue. I just had a look on the sales invoice for the deposit for my caravan which is dated the end of October 2015. It makes reference to liability under the Sale of Goods Act 1979 rather than under the Consumer Rights Act 2015. Due to pick the new caravan up shortly so I will be looking at the 'small print' in a lot more detail before I sign anything (for once!). Thanks again for raising it.
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BlueVanMan thanks for raising this.
I WOULD URGE PEOPLE TO CHECK THEIR SALES INVOICES/CONTRACTS FOR SALES POST 1ST OCTOBER 2015.
I wonder how many other people will have the following issue. I just had a look on the sales invoice for the deposit for my caravan which is dated the end of October 2015. It makes reference to liability under the Sale of Goods Act 1979 rather than under the Consumer Rights Act 2015. Due to pick the new caravan up shortly so I will be looking at the 'small print' in a lot more detail before I sign anything (for once!). Thanks again for raising it.
An interesting point as the wording has clearly not been updated and I suspect a lot of people have signed contracts with this wording for caravans and other items.
I would have a word with the Lergal Helpline and see what they suggest and let us know as there will be a lot of others with the same problem.
If you are asked to sign a contract now and spot this I would cross out the old act and substitute the new one. Given the change in the law I cannot see there being a problem doing this.
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Firstly a correction the original Sale of Goods Act was enacted in 1893 not 1879.
The advice to read contracts before signing is a good one (and many salespersons will say things like "its all standard nothing to worry about" or if you question a condition you don't like will say that "the company would not enforce that" a point
which can be countered by "great lets score it out then" however if your are in the least bit unsure about the meaning of a contract or if you are uncomfortable about any conditions you are signing ask to be given a blank copy to take away and read. Sales
staff won't like this because their objective is to get you signed up but there may be errors in the contract or conditions that are so unfair that they should be rejected.Pay particular attention to the matter of time of delivery (and what happens if there are delays). Delays may not be the fault of the dealer but how are they dealt with. What is the effect of a delay on an agreed trade in price and/or increased miles
or wear on a trade-in vehicle? What will happen if there is a delay and the manufacturers price increases in the meantime? Will you have to pay that higher price?Never sign a contract with blanks particularly trade-in prices not filled in.
I have seen (and signed) vehicle contracts which are balanced and fair to both sides but many are badly drafted and/or designed to shift the balance in favour of the seller. This is not the place to give case by case advice (and generalisations are
dangerous) however if the wrong references to statutory provisions are quoted this will not necessarily operate against you as consumer.I often used to ponder whether I would choose to enter into a superbly drafted contract with a rascal or a less than perfectly drafted contract with an honest man. Personally I would choose the latter but that does not mean that you shouldn't pay attention
at the buying stage. Any motorhome or caravan purchase is likely to be a big one in terms of your resources as well as a source of excitement (otherwise there would be little point in doing it) so be as calm and clinical as you can be when looking at paperwork.
Also try to find out about the reputation of the dealer and use your instincts to help you get a feel for the business you are dealing with. .Oh and after all that worry do enjoy your purchase !
This seems like a great time for the Club to publish an article about these consumer and contract issues in the hope that a more pro-active purchaser can head off trouble at the completion of the contract stage.
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I see on this site many references to "The Sale of Goods Act" and felt it was time to correct this
This was a visionary piece of legislation when it was originally enacted in 1879 and in its various forms it has served the consumer well but it was replaced by The Consumer Rights Act 2015 which consolidates other consumer legislation in one place and for
the first time sets out specific time limits in relation to consumers rights. There is a good summary available online from Which (free you dont need to be a member).In very broad terms the concepts about quality fitness and description are retained but there is much new wording and clarification. The act applies to services as well e.g. garage repairs and there are some special rules about internet purchases.
The comment that a seller (not manufacturer) is liable does however remain a fundamental point. Many dealers/sellers just don't understand this and others use it to bounce a customer back and forth until the customer gets fed up and goes away.
It has not been abolished and is still in full force for thsie that purchased goods prior to Oct 2015 as the new act does nto apply retrospectively!
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BlueVanMan thanks for raising this.
I WOULD URGE PEOPLE TO CHECK THEIR SALES INVOICES/CONTRACTS FOR SALES POST 1ST OCTOBER 2015.
I wonder how many other people will have the following issue. I just had a look on the sales invoice for the deposit for my caravan which is dated the end of October 2015. It makes reference to liability under the Sale of Goods Act 1979 rather than under
the Consumer Rights Act 2015. Due to pick the new caravan up shortly so I will be looking at the 'small print' in a lot more detail before I sign anything (for once!). Thanks again for raising it.The T & Cs in that contract would probably be invalid as the wording should have included Consumer Rights Act and not SOGA making the whole contract invalid.
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Thanks todwlgll20 and surfer for keeping me on my toes.
In retrospect my use of the word "abolished" was not well chosen. "Supeceded would probably also draw the comment that it remains in effect for pre Ist October contracts. I think in general the new act is a consolidation of the Sale of Goods Act and others
but there is some significant new law in it as well and my main objective was to encourage people to look at the new legislation0 -
Should have said Surfer the original 1893 Act is still available online and as I said in my first post it was a milestone piece of legislation. It introduced and codified commercial concepts and terminology still in use today. The 1979 Act was a major update.
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BlueVanMan thanks for raising this.
I WOULD URGE PEOPLE TO CHECK THEIR SALES INVOICES/CONTRACTS FOR SALES POST 1ST OCTOBER 2015.
I wonder how many other people will have the following issue. I just had a look on the sales invoice for the deposit for my caravan which is dated the end of October 2015. It makes reference to liability under the Sale of Goods Act 1979 rather than under
the Consumer Rights Act 2015. Due to pick the new caravan up shortly so I will be looking at the 'small print' in a lot more detail before I sign anything (for once!). Thanks again for raising it.The T & Cs in that contract would probably be invalid as the wording should have included Consumer Rights Act and not SOGA making the whole contract invalid.
Write your comments here
Wrong references won't neccesarily make the whole contract invalid and indeed making the whole contract invalid could operate against the interests of the consumer however the part containing the wrong reference may itself be invalid. As
always the contract needs to be interpreted as a whole in the context of its wording date and relevant legislation. It is these factors which make the correct interpretation difficult and if appropriate why expert advice by suitably qualified persons is needed.
However if the consumer starts with a basic knowledge of the law and a detailed scrutiny and understanding of the contract then risks can be reduced0 -
Should have said Surfer the original 1893 Act is still available online and as I said in my first post it was a milestone piece of legislation. It introduced and codified commercial concepts and terminology still in use today. The 1979 Act was a major update.
It seems it was only applicable for goods costing over £10 and on those days £10 was a lot of money so I guess it was only applicable to the well off?
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BlueVanMan thanks for raising this.
I WOULD URGE PEOPLE TO CHECK THEIR SALES INVOICES/CONTRACTS FOR SALES POST 1ST OCTOBER 2015.
I wonder how many other people will have the following issue. I just had a look on the sales invoice for the deposit for my caravan which is dated the end of October 2015. It makes reference to liability under the Sale of Goods Act 1979 rather than under
the Consumer Rights Act 2015. Due to pick the new caravan up shortly so I will be looking at the 'small print' in a lot more detail before I sign anything (for once!). Thanks again for raising it.The T & Cs in that contract would probably be invalid as the wording should have included Consumer Rights Act and not SOGA making the whole contract invalid.
Write your comments here
Wrong references won't neccesarily make the whole contract invalid and indeed making the whole contract invalid could operate against the interests of the consumer however the part containing the wrong reference may itself be invalid. As
always the contract needs to be interpreted as a whole in the context of its wording date and relevant legislation. It is these factors which make the correct interpretation difficult and if appropriate why expert advice by suitably qualified persons is needed.
However if the consumer starts with a basic knowledge of the law and a detailed scrutiny and understanding of the contract then risks can be reducedIt could be a get out clause for a consumer if they wanted to sse it as it is an Unfair Term which can make an contract invalid if the clause does not include any term referring to legislation that may supercede the current term in the contract or similar.
It is also a get out term for a dealership and they can cancel your order without any issue or penalties.0 -
BlueVanMan thanks for raising this.
I WOULD URGE PEOPLE TO CHECK THEIR SALES INVOICES/CONTRACTS FOR SALES POST 1ST OCTOBER 2015.
I wonder how many other people will have the following issue. I just had a look on the sales invoice for the deposit for my caravan which is dated the end of October 2015. It makes reference to liability under the Sale of Goods Act 1979 rather than under
the Consumer Rights Act 2015. Due to pick the new caravan up shortly so I will be looking at the 'small print' in a lot more detail before I sign anything (for once!). Thanks again for raising it.The T & Cs in that contract would probably be invalid as the wording should have included Consumer Rights Act and not SOGA making the whole contract invalid.
Write your comments here
Wrong references won't neccesarily make the whole contract invalid and indeed making the whole contract invalid could operate against the interests of the consumer however the part containing the wrong reference may itself be invalid. As
always the contract needs to be interpreted as a whole in the context of its wording date and relevant legislation. It is these factors which make the correct interpretation difficult and if appropriate why expert advice by suitably qualified persons is needed.
However if the consumer starts with a basic knowledge of the law and a detailed scrutiny and understanding of the contract then risks can be reducedIt could be a get out clause for a consumer if they wanted to sse it as it is an Unfair Term which can make an contract invalid if the clause does not include any term referring to legislation that may supercede the current term in the contract or similar.
It is also a get out term for a dealership and they can cancel your order without any issue or penalties.Yes £10 was a lot of money perhaps a years wages for some people. Access to the Courts is probably now better than it was in the 19th century but realistically litigation is still only for the well heeled and in order to mount a challenge that a contract
term is unfair is likely to require recourse to litigation. The Consumer Rights Act does do some rebalancing in favour of the consumer and to that extent may help a savvy consumer obtain redress without litigation.The contract unfair terms provisions are now codified into The Consumer Rights Act and expressly provide that where a provision is deemed to be unfair the rest of the contract will apply so far as practicable. So a wrong reference will not automatically
kill the contract (at the best of either seller or buyer). However I have to repeat my point that you need to look at the whole situation in the specific case so generalisations are misleading and potentially dangerous. As in so many things prevention is
better than cure.0 -
We signed a contract for a caravan at the NEC last year and delviery was due beginning of April. The T & Cs referred to the older legislation and not the CRA 2015.
In March I queried a few things about the caravan that others who had taken delivery were experiencing and a few days before the caravan was due for delivery to the delaership, the dealership cancelled the contract and refunded my deposit! Seems the dealer
did not want a customer who was aware of their rights and could be troublesome in the future of anyhting went wrong with the caravan!We have sourced the same brand and model caravan elsewhere, but because it is not a show special we have a lower trade in value on our current caravan plus the APR is higher and no new motor mover.
We are seeking compensation for breach of contract so lets hope CRA 2015 works in our favour.
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