Faulty Goods

By: Chris Nickson (1 Apr 23)

It's happened to us all…you buy something at the shop, get it home and plug it in, only to discover it won't work. But under the law, there are things you can do about it.

The Law

When it comes to complaining about faulty goods, the Sale of Goods Act 1979 is quite specific. It deems that goods must be safe, fit the description that's given of them and be both of "satisfactory" quality and fit for the purpose for which they're intended. If they have to be installed or assembled, there should be adequate instructions. Finally, if you're shown a sample first, what you're sold must match that sample.

For anything purchased after October 2015 the Consumer Rights Act will apply. This act encompasses:
The Sale of Goods Act 1979
The Supply of Goods and Services Act 1982
Unfair Terms in Consumer Contract Regulations 1999

In general the information below still applies but read more about the new act here

It's worth noting that responsibility lies with the retailer, not the manufacturer. Under the law, "retailer" is any non-private seller - even retail web sites are included.

When You Find A Fault

The first thing to do if you purchase a faulty item is tell the retailer. You're allowed a "reasonable" amount of time to check that the goods are satisfactory (there's no concrete time given as "reasonable"; it means different things in different situations). The best advice is to check the item immediately and return it as soon as possible if there's a problem. If the goods aren't satisfactory, you can "reject" them and get your money back (but be aware that this right is also only for a "reasonable" time).

Instead of having your money refunded, you can accept a replacement or a repair, or even legally claim compensation (which in this case would just mean the cost of replacement or repair, effectively the same as a refund). If you allow the retailer to repair the item and it still doesn't work, you may still be able to get a refund.

After A Reasonable Time

If a fault appears after that nebulous "reasonable time" has elapsed, don't despair. If it's in the first six months, and it's not because of fair wear and tear, accidental damage or misuse, then the retailer must still repair or replace the item. If he demurs, he has to prove the item wasn't faulty in the first place, or that it couldn't be expected to last that long. Often he'll choose to replace rather than repair it.

If more than six months have gone by, things change. You might still get a repair or replacement, but now you'll have to prove that the item was faulty when you bought it if the retailer disputes your claim.

Where delivery costs are involved, the retailer has to pay them, and repairs must be carried out within a "reasonable" time. If it's impossible to replace or repair the item, you can claim a refund of some, or possibly even all, of the purchase price (depending on how much the item has been used). However, if the fault causes personal harm or damage (a fire, for instance), then it falls under "product liability," which is the manufacturer's responsibility. First, though, go to the retailer; if they're unable tell you who the manufacturer is, then the liability becomes theirs.

Second-hand, Sales and Auctions

Every right given above also applies to second-hand goods, although you do need to factor in a few things, such as the price you paid, and a lower expectation of quality.

Sale goods confer the same rights as non-sale goods. The only difference comes if the price was reduced due to a fault that was pointed out to you or should have been quite obvious. In that case you lose your rights.

The law also covers new goods bought at auction. Second-hand auction items are treated differently. They're covered only for auctions you couldn't attend. But if you could have attended, and the item's faults were publicly noted, then you lose your rights.

Finally, if you purchase an item from a private seller, most of the above rights don't apply - it's much more of a case of buyer beware. But even in a private sale, the goods can't be misrepresented to you. If that happens, then you might be able to claim compensation.

What Next?

If you have bought something that has turned out to be faulty read our guide on How to Complain before you take it back to the retailer.

I bought on log burner and fireplace and after two months notice a crack in one panel and a crumbling n the second.The person who fitted says we have caused the danage banging logs against the side.Only had about six fires and non were really big. The fitter has told me to go back to the manufacturer.They had to change the back plate as it cracked when fitting.Where do we stand as they say the panels are not covered by the warrenty?

Janette - 1-Apr-23 @ 2:57 AM

Hi, got a Denton worktop on my new kitchen 4 years ago and it has a huge crack in it.The kitchen retailer has said it is a fault with the workshop as its guaranteed 25yrs.The Dekton specialist is coming out to assess. The kitchen retailer has said that if it is replaced i would have to pay for the installation work and removal of old. Surely this is unreasonable?Can you advise

Dmevra - 13-Mar-23 @ 6:27 PM

We recently had laminate fitted poorly, as a result having to redo and take responsible person to court as he refused to rectify.We had a 25 year warranty on the laminate, because of the way it was laid the warranty is now invalid.What would be a responsible % of the cost of laminate to claim, now knowing we have lsot the 25 year warranty? any thoughts please

PHIL - 28-Jun-21 @ 3:08 PM

HI, I bought a Lazy Spa hot tub and after two weeks of use noticed the glue under the material was showing through and badly discoloring it. After posting a review they contacted me and had me send many photos and videos. I jumped through all the hoops and they finally agreed to send me another liner. They however asked me to cut up the liner of the hot tub making it useless and send pictures of it to prove I'd done it. This seems ridiculous as they could just send a new one and have me return at the same time. I would be left without a hot tub for an unspecified amount of time till they send a new one. This seems frankly very unreasonable.

andyroo - 20-Jun-21 @ 9:47 PM

Hi. Just received a replacement tumble dryer under insurance but it's broken. Who is liable,Domestic and General the insurance company who provided the item,or the manufacturer?

Steve - 29-Jan-21 @ 10:37 AM

I bought a bush electric cooker from argos in August it broke down electric fault techatain came out on20/11/20 keep phoning the copmany thay said they have not received the part yet been left with no cooker since

Sandy - 3-Dec-20 @ 1:37 PM

I have taken delivery of a summerhouse, which has been constructed in accordance with the instructions. However, the door frame and door is far too small and it leaves a 10cm gap.I want to reject it, but do I need to dismantle the item myself and arrange delivery, order is this the retailer's responsibility.

Mick - 2-Nov-20 @ 5:58 PM

I purchased 2 leather sofas in October 2019 to find 6mnths down the line it was peeling and the arms wer cracking they came out to view it they new they was in the wrong now they are sayin wers receipt I sed I haven't got it ow was I to no all this was goin to happen can you pls help

Manda - 16-Oct-20 @ 11:52 AM

I purchased a outdoor table and chair 5 months ago. The table has some warping which has caused the lazy Susan to stop working and the retailer has agreed to refund the table. However they are saying they will only give a partial refund on the chairs and benches as they are not faulty. I bought them as a package, am I within my rights to demand they take the whole lot away and refund me or are they correct? it was sold to me as a full package as one price?

Mike - 23-Sep-20 @ 12:36 PM

Faulty log burner bought on line. Did not notice fault in 30 days. Can I request a replacement rather than repair? I have lost confidence in product can I insist on a different different make and model of log burner? With thanks

Smithy - 21-Jan-20 @ 7:48 PM