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Section 48: Right to reduce purchase price or rescind contract

48.Right to reduce purchase price or rescind contract

(1)Where goods under a contract of sale do not conform to the contract, the buyer may require the seller to reduce the purchase price of the goods in question by an appropriate amount or rescind the contract with regard to those goods if the condition in subsection (2) is satisfied.

(2)The condition is that'

(a)it is impossible for the seller to repair or replace the goods, or it is disproportionate to repair or replace the goods in comparison to other remedies available or it is disproportionate in comparison to an appropriate reduction in the purchase price; or

(b)the buyer has required the seller to repair or replace the goods, but the seller neglects or refuses to do so within a reasonable time and without significant inconvenience to the buyer.

(3)For the purposes of this section, if the buyer rescinds the contract, any reimbursement to the buyer may be reduced to take into account the use the buyer has had of the goods since they were delivered to him or her.

Plain English Summary

If the goods you receive do not match what was agreed in the contract, you have the right to ask the seller to lower the price by a fair amount or to ...

AI-generated, for reference only.

🔍Search Tips
  • • Search by keyword: "land", "tax", "arrest"
  • • Use exact phrases: "land commission"
  • • Enter citations: 45, 45(3)(a), 45:3:a
  • • Press / to search, Esc to close

Searching within Sale of Goods and Supply of Services Act. Faster results.