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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
Answered by
Honest John
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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