Consultation on Remedies when you buy Faulty Goods

10 November 2008

The Law Commission and the Scottish Law Commission have announced a consultation on the legal remedies open to consumers who buy faulty goods. The issue arises because of the differences in approach to consumer contracts in domestic and European law. It is felt a more uniformed approach is required for consumers and retailers.

Presently in the UK, when consumers purchase faulty goods they are able to return them for a refund. How long this right lasts is uncertain. The Law Commission is currently suggesting that consumers use their right to a refund within 30 days.

The UK approach is at odds with the proposals of the European Commission. The European Commission prefers that consumers are offered a repair or a replacement of faulty goods and that refunds are limited.

David Hertzell of the Law Commission and the Hon Lord Drummond Young of the Scottish Law Commission said:

“We believe that retaining the right to reject is crucial for consumer confidence and our research shows that consumers want this.”

The consultation is open until the beginning of February. We will keep you up-to-date with any developments.

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