The Sale of Goods Act - Common Questions

Goods you have owned for a while


I bought an expensive designer jacket eight months ago and it's falling apart. The seller just says I must have treated it badly as they've never had this problem before – what should I do?


As it is more than six months since you bought the jacket, the onus is on you to prove the item is faulty. In practice you may need to get an independent expert opinion, for example from a tailor or a fabrics expert.


If they can confirm that they would not normally expect this to happen at this stage in the item's life, you probably have a strong case for getting the jacket repaired or replaced.


You will normally have to pay for an expert opinion, but you should get this cost back if you take the matter to the small claims court and win your case.


However, you must keep the cost of expert opinions and reports down. If your case is complicated, and an expert's opinion is going to be costly, you should try and agree with the company you are in dispute with to use an expert who is independent and whose opinion you will both accept.


Second-hand goods


The second-hand car I bought 18 months ago broke down and needs a new engine. It was only one year old when I bought it. The dealer that sold it to me says second-hand cars are sold as seen. Is this right?


No. The Sale of Goods Act applies to both brand new and second-hand goods – in both cases, they have to be of satisfactory quality.


However, what is satisfactory for something second-hand is different from something new – the test is whether you could normally expect this type of problem at that point in time taking in to account factors such as the cars age mileage and whether it is a budget, luxury or mid range model. Since you wouldn't normally expect to have to replace a car's engine after two and half years, you may have a claim.


But since you've had the car for more than six months you would have to be able to show that the engine failure wasn't because of something you had or hadn't done (such as getting the car serviced or changing the oil).


Paying abroad with a credit card


If I buy goods abroad that don't work properly will I be able to claim against my bank if I use my credit card?


In many cases, yes, you can claim against your bank if you paid by credit card. There are some parameters on this: the goods must cost more than £100 but not more than £30,000.


You'd also need to show the reason the item doesn't work is because it's faulty, and not because it's designed only to work in a specific country, for example electrical products that work on a different voltage to the UK.


Under Section 75 of the Consumer Credit Act, the card company may be 'jointly and severally liable'. This means it could be equally responsible along with the retailer or trader for the goods or service, and you can contact the card company and ask it to sort out your problem.


In a landmark ruling, the House of Lords confirmed that section 75 does apply to foreign transactions and that the protection also applies if you buy goods for delivery to the UK from overseas by telephone, mail order or over the internet. Which? has always believed section 75 applied whether a card is being used in the UK or overseas.