Every time you buy something, you’re actually entering into a legal deal; a contract of sale. While in an ideal world, both buyers and sellers would have equal power, that’s not always the case. To keep things fair, the Sale of Goods Act of 1962 (Act 137) in Ghana steps in to protect buyers by automatically including certain rules in these deals.
Here’s a simple guide to understanding your rights and duties when you buy something.
Your Responsibilities as a Buyer
- Pay for What You Buy:
Your main job as a buyer is to pay the agreed price and accept the goods. Think of this as the golden rule of buying. If you’re supposed to pick up the goods from the seller, you’ve got to stick to that plan unless the seller doesn’t hold up their end of the deal (like giving you the wrong item). - Pay When You Get the Goods:
Usually, payment is due when the goods are delivered. If no special time is agreed upon, you’re expected to pay as soon as the seller is ready to hand over the goods. Also, sellers don’t have to accept anything other than cash unless you’ve agreed on another method in advance.
Your Rights as a Buyer
When a seller doesn’t live up to their part of the deal, you have some powerful tools to protect yourself.
1. Rejecting Goods:
You can say no to the goods and refuse to pay, or get your money back if the seller messes up in one of these ways:
- Breaking Promises: If the seller fails to meet the key terms of the contract (like delivering something totally different from what you agreed on).
- Breaking Important Terms: If the seller doesn’t follow other key parts of the agreement, and it seriously affects the deal.
- Tricking You: If you were misled into buying the goods because of a false statement by the seller, whether intentional or accidental.
Quick Tip: You don’t have to return the goods to reject them. Just let the seller know and ask for a refund. But be careful, if you use or resell the goods, you might lose this right.
2. Suing for Damages (Money Compensation):
If the seller refuses to deliver or delivers the wrong goods, you can sue for damages. This is money the court orders the seller to pay for your loss.
3. Demanding What Was Promised (Specific Performance):
Instead of taking money for your loss, you can ask the court to force the seller to deliver exactly what you paid for, especially if the goods are unique and can’t be replaced.
A Buyer’s Cheat Sheet for Smarter Shopping
- Check Before You Pay: Make sure you’re happy with the goods before handing over your money. Once you accept them, it’s harder to argue later.
- Act Fast: If something’s wrong, don’t delay. Waiting too long might hurt your chances of rejecting the goods or getting a refund.
- Know Your Rights: Remember, the law is on your side, but it’s best to avoid trouble by being cautious upfront.
Buying things might seem simple, but it comes with rules to protect both sides. Always remember the saying: “Buyer Beware” (caveat emptor). Take a good look at what you’re buying, ask questions, and don’t hesitate to stand up for your rights if something goes wrong. Happy shopping!
