ACL Guarantees Buyer Rights to Possession
Section 52 of the ACL guarantees that the buyer will enjoy undisturbed possession of the goods.
This would be so even if the goods were leased or bought on hire purchase and title remained with the supplier.
Let’s use the example of a second-hand car.
If someone sells a vehicle but fails to tell the person buying it that it’s actually been leased to someone else – the ACL guarantees the buyer undisturbed possession.
This does not necessarily mean the person with the lease will not have a claim over use of the vehicle.
However, it does mean that the buyer can take legal action against the seller for damages.
If you are facing a situation like this it is worth getting legal advice as to your rights.