BenLaw
Well-known member
bigboss said:BenLaw said:bigboss said:But if the item is not as described, then the buyer is protected. This player is certainly not in "immaculate condition" as described by the seller.
This is what eBay says regarding private sellers:
Where the seller is a private individual, the goods must be "as described". The goods are not legally required to be of "satisfactory quality" or "fit for purpose".
I already said that. You're now quoting something which is contrary to your original advice tho: 'the goods are not legally required to be of "satisfactory quality".' As I said before, if something specific is said about the quality, that becomes a term of the contract. But you advised the OP to quote to Sale of Goods Act which, if this is private seller, is bad advice, as it does not apply and will make him look like he doesn't know what he is talking about.
But isn't what I quoted section 13 of Sale of Goods Act?
http://www.legislation.gov.uk/ukpga/1979/54/section/13
In my understanding, it still is a part of Sale of Goods Act.
Yes s.13 still applies. It's rather superfluous as naturally any description is going to be a term in the contract. I read the section from eBay as applying more to s.14 but, if we've been talking at cross-purposes, I put it down to the badly set out eBay advice, which jumps from one thing to another and back again. They'd probably be better splitting it into separate business / private seller sections. If I were the OP I still would not mention the Sale of Goods Act, simply say it is not in the condition described.