Buyer Beware ... Seller Be Warned!
Posted on 12th November 2018
In the quest for perfect shoes the path never did run smooth.
Picture the scene; its warm, you’re wandering the streets of Manchester, you’re channelling your inner Carrie as you wonder what you would do if Big had proposed to you. And then you see them…the perfect, flawless, sky high heels an ideal match for that dress you’ve been dying to wear. Their red soles glinting in the sun light, seducing you, tantalising you, teasing you. Without a thought you rush in, “Size 6?” you’re in luck, your breath catches as your foot slips in and the perfect shoe is a perfect fit. To top it off they’re in the sale.
What. A Bargain.
You ask if you can take them. You rush home with your new darlings tucked under your jacket not unlike Gollum hiding the ring (reminder….must wash hair tonight!). You get the shoes home, you put the shoes on, you blast your favourite song as you dance around your bedroom when the heel snaps off the left shoe, then the stitching starts coming away on the right shoe and oh god upon gods the pinching, oh my god the pinching, the blisters, oh god it hurts!!!!!!
You take them back to the shop demanding a refund. The answer is no. They shoes were never meant to be worn. That was why they were such a bargain. You never told me you complain. You never asked they explain – its buyer beware.
Everyone knows that Caveat Emptor applies when buying a house so if they don’t ask you don’t have to tell them right? Wrong!!!
The Consumer Protection Regulations now apply to conveyancing transactions. The Regulations state that a misleading omission can be a classified as a criminal offence even in private transactions. The test is whether omitting to disclose or a failure to provide the information in a clear, intelligible and unambiguous manner, is likely to cause the average consumer to take a different transaction decision.
Would you have still bought those shoes if it meant you couldn’t wear them?
The best advice for the pre-contract period would be:-
• Good, joined up, communication between agent, solicitor, and client is crucial
• It is never going to be a good idea to be unhelpful or obtuse in response to enquiries
• Clauses which seek to limit or exclude liability are not necessarily going to provide a defence
So; if you want a chat about conveyancing or to speak to the most shoe obsessed solicitors in Lancaster, call our conveyancing Lancaster team on 01524 581 306, our solicitors Preston, on 01772 783 314, or our solicitors Garstang on 01995 602 129 or email email@example.com. We don’t mind if you want to discuss property law in Preston, Conveyancing Solicitors in Garstang or the best shoes worn in the Lancaster Law Firms!
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Tagged as: Buyers, Contracts, Conveyancing Solicitors Preston, First Time Buyers, Garstang Solicitors, Solicitors in Lancaster, Solicitors Lancaster, Solicitors Preston, Your Local Solicitors
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