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Can I clarify a consumer's rights when making a private purchase?
In your reply to problems with this private purchase you stated that there are no consumer rights (I assume you meant under specific consumer legislation) against a vendor. However, law of contract does apply. If the item is 'not as described' and this could not be discovered by inspection at the time of purchase, there is a breach of contract and the purchaser has a right to seek damages for the breach under law of contract, or to have the contract set aside. I recently used this argument successfully with a private vendor and if taken to a small claims court, a judge would usually take the same view.
Asked on 25 May 2013 by LD, via email
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That’s true. He could try. Though people don't have automatic 'rights' they can take a breach of contract to court, but in court case law applies and they are not guaranteed to win their case.
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