Q. Can I return faulty goods that I bought from a liquidation sale? I recently bought a large wardrobe from a shop that has gone into liquidation.
I paid 900 for the wardrobe, down from over 2,000 so I thought I got a great deal.
When the delivery guys came to my house, we discovered that it was badly damaged.
The wardrobe had been a display unit on the first floor of the shop and I reckon what happened was the removal guys just walked it down the stairs damaging it along the way. I rang the liquidators insisting that it wasn’t what I bought and they should take it back. They insisted they didn’t have to do that. Were they right? I’d still like to send it back to them.
A. Unfortunately, if you buy something at a liquidation sale and the goods turn out to be faulty, you cannot seek compensation under the provisions of the Sale of Goods and Supply of Services Act 1980. This is a case of paying your money and taking your chances.
Any money received will be used to pay the liquidator expenses as they arise and distributed according to very specific distribution rules. If you have paid a delivery company then you may have an action founded in their negligence and failure to perform the contract to your satisfaction.
It is possible for consumers to seek compensation for certain products through a “Collateral Contract”. What this means is that a manufacturer may have a liability to you-the consumer- even where the manufacturer did not supply the goods directly to you.
So, for example, where the product has a guarantee, it may be possible to interpret the guarantee as contractually binding. Therefore the manufacturer will be bound by its terms. We would strongly advise a consumer to return the guarantee registration card as it creates a legal relationship between you and the manufacturer.
You can then try and use this relationship to seek compensation under the guarantee’s provisions.