Hypothetical question regarding sale of goods and services

hussey

I have a hypothetical question for you guys.

Say if I walked into a store and bought a waterproof watch, I asked the seller Will this work if I emerge it in water (say a sink), and he says Yes it will work up to 5m in water.

If I wash the dishes and water gets on it and breaks, my view is that I should be entitled to a refund/replacement (as the goods did not fit the sellers description)
Question - am I correct here? i.e. the seller said it will work, it didn't, so I should be entitled to a refund.

Now my hypothetical question is actually about a house, a friend of mine was looking at a house last week, and asked the agent was there any crime in the area, and specifically that house, the agent said she didn't know about the area, and there was no reported crime in that house.

I have a friend who happens to live 4 doors down from this house and I was asked to ask him, he said in the last year there was a few break-ins, and he knew this house had been burgled at least once and he thought there was another attempt.

My friend decided not to pursue it, but my question is, if my friend bought this under the impression there had been no crime on the road and specifically the house - would he have any legal come back if he wanted out?

This is purely a hypothetical question, as just wondering if the sale of goods and services also extend to housebuying

EDIT - actually Mods, I'm not sure if this should be consumer issues or legal?

Victor

Enforcing anything outside the written contract in a property transaction would be immensely difficult.

Nody

Unlikely if the agent worded it as you said, the agent saying "there is no crime here as far as I know" would be a get out clause as you'd need to show that she did actually know it.

antoinolachtnai

It is a good quiestion. From what I know, he might have some degree of legal comeback under the consumer laws, but there is really no way he could get out.

An exception to this would be if the prospective purchaser, through his or her solicitor asked the vendor at requisitions stage during the legal process of conveyancing the house whether the house had been robbed in the timeframe, and the vendor replied in the negative. Even then, there might be a case for damages, which could turn out to be quite small, but I don't think it would be enough to allow the purchaser to reverse the whole thing out.

A wristwatch is a good. A house is not a good. It is real property, and that is a very different thing. With houses, it is basically caveat emptor, buyer beware.

MitchKoobski

A house really falls into laws on accomodation, rather than sale of goods and services.

Hypothetically, if the house was at the end of a hill and next to a river. If he asked does the place usually flood, she says no. Neighbours also says they've never have a flood. Then there's a massive rainfall for about a week straight, the river overflows and the entire area floods.

You can't really blame the person who sold the house to you can you? They couldn't foresee a flood or rainfall, or in your situation a burglary.

keithclancy

hussey wrote: »

I have a hypothetical question for you guys.

Say if I walked into a store and bought a waterproof watch, I asked the seller Will this work if I emerge it in water (say a sink), and he says Yes it will work up to 5m in water.

If I wash the dishes and water gets on it and breaks, my view is that I should be entitled to a refund/replacement (as the goods did not fit the sellers description)
Question - am I correct here? i.e. the seller said it will work, it didn't, so I should be entitled to a refund.

Now my hypothetical question is actually about a house, a friend of mine was looking at a house last week, and asked the agent was there any crime in the area, and specifically that house, the agent said she didn't know about the area, and there was no reported crime in that house.

I have a friend who happens to live 4 doors down from this house and I was asked to ask him, he said in the last year there was a few break-ins, and he knew this house had been burgled at least once and he thought there was another attempt.

My friend decided not to pursue it, but my question is, if my friend bought this under the impression there had been no crime on the road and specifically the house - would he have any legal come back if he wanted out?

This is purely a hypothetical question, as just wondering if the sale of goods and services also extend to housebuying

EDIT - actually Mods, I'm not sure if this should be consumer issues or legal?

Possibly if he had it in writing, but I don't think any realtor would agree to signing that.

Otherwise its hearsay.

Victor

MitchKoobski wrote: »

A house really falls into laws on accomodation, rather than sale of goods and services.

Hypothetically, if the house was at the end of a hill and next to a river. If he asked does the place usually flood, she says no. Neighbours also says they've never have a flood. Then there's a massive rainfall for about a week straight, the river overflows and the entire area floods.

You can't really blame the person who sold the house to you can you? They couldn't foresee a flood or rainfall, or in your situation a burglary.

Places that flood tend to do so repeatedly. And there is a big difference between past history of a location and foreseeing something.