Sale of Goods Act Abolished !!

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.

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.

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.

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.

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.

So glad that I am retired now and don't keep having to 'learn' /wade through all the new legislation that is brought in.

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.

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!

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.

Firstly a correction the original Sale of Goods Act was enacted in 1893 not 1879.

 

And I also thought that the Sale of Goods Act was promulgated in 1979 which is in the 20th century and not the 19th century?