Legal Question in Business Law in Canada
Damaged Used Item Purchases
Who responsible for the damages in this scenario. I buy a piece of used equipment, the buyer lets me do an inspection and I go ahead and purchase it. A week later when I try the piece of equipment out I find out that it’s actually damaged. What are my rights? Would I be successful in pursuing a lawsuit?
1 Answer from Attorneys
Re: Damaged Used Item Purchases
You may successful in litigation be if you are in British Columbia or a province with similar Sale of Goods legislation. Under the Sale of Goods Act, you have the implied warranty that goods you purchase are fit for the purpose for which they were purchased. (s.18, Sale of Goods Act, B.C.).
However, if the buyer allows you to inspect the goods, then you will not have an implied warranty with respect to defects that an ordinary inspection would have revealed.
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