Is Sale of Goods Act applicable to a new boat?

[Skylark]

As per title?

Any reason to think that a boat purchase could be exempt from the Act?

(Not Consumer Rights Act of 2015 as it was bought a year prior to this).

 

[RichardS]

I can't, off the top of my head, think of any reason why the fitness for purpose / of merchantable quality etc provisions would not be applicable to a new boat purchased through a UK supplier.

Richard

 

[jordanbasset]

As per title?

Any reason to think that a boat purchase could be exempt from the Act?

(Not Consumer Rights Act of 2015 as it was bought a year prior to this).

No they are not exempt, a case here
http://www.cms-lawnow.com/ealerts/2003/07/time-to-reject-clegg-v-andersson
At trial the Claimants claimed that s13 Sale of Goods Act 1979 (“SGA”) had been breached because the yacht supplied did not correspond with the description in the contract, which entitled them to reject the yacht and to recover the purchase price and damages....

In short they did have the right to reject the boat under the Sale of Goods Act in the circumstances of this case. Of course whether anyone would succeed in bringing a claim under this or a different section of the Sale of Goods Act will depend on the individual circumstances of each case

 

[Joker]

Whilst the Act might apply, there might be the problem that the person or company [limited] who sold you the boat does not have the wherewithal to cough up.

I speak from experience.

 

[awol]

I have vague memories from university lectures (an engineering degree) many decades ago of Agency law so I suspect it all depends on whether you are buying from e.g. Beneteau via an agent or from a company who actually owns the vessel.
Talking to a real lawyer may be more illuminating, if a tad more costly, than posting on this forum.

 

[pvb]

Whilst the Act might apply, there might be the problem that the person or company [limited] who sold you the boat does not have the wherewithal to cough up.

I speak from experience.

Very true! And I have experience too.

 

[pvb]

I have vague memories from university lectures (an engineering degree) many decades ago of Agency law so I suspect it all depends on whether you are buying from e.g. Beneteau via an agent or from a company who actually owns the vessel.
Talking to a real lawyer may be more illuminating, if a tad more costly, than posting on this forum.

Almost all new boats are bought from dealers, who own the boat (having bought it from the manufacturer).

 

[Lucky Duck]

With my current boat the contract was with the builder, how much that applies to the industry outside the main volume builders - I have no idea..

 

[pvb]

With my current boat the contract was with the builder, how much that applies to the industry outside the main volume builders - I have no idea..

Boat make?

 

[BobnLesley]

Whilst the Act might apply, there might be the problem that the person or company [limited] who sold you the boat does not have the wherewithal to cough up.

I speak from experience.

Based on my experiences of civil law within the construction industry, question 1 is not: 'Do we have a good case' but rather 'if/when we win, can the other party afford to pay?' I'd suggest that should/would apply in all other industries and situations

 

[libertyman]

Yes it does. Google “Clegg vs Andersson (2003)” which involved a Malo 42 that was rejected under said act. The case established some important principles in application of the law. As others have said, you do need to make sure your target is worth powder and shot.