Plain language law

New Zealand law explained for everyone

Contract and Commercial Law Act 2017

Sale of goods - Formation of contract - Conditions and warranties

133: Breach of condition to be fulfilled by seller

You could also call this:

“What happens when a seller breaks a promise in a sale”

This law is about what happens when a seller doesn’t do something they promised in a sale agreement. You, as the buyer, have some choices:

If the seller hasn’t done what they said they would, you can decide to ignore it and go ahead with the sale anyway. Or, you can treat it as a small problem instead of a big one that would end the whole sale.

Sometimes, you might have already accepted some or all of the things you bought. In this case, if the seller hasn’t done what they promised, you usually can’t cancel the whole sale. You can only treat it as a small problem. But this rule changes if your agreement with the seller says something different.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844324.

Topics:
Business > Fair trading Money and consumer rights > Consumer protection
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132: Conditions and warranties, or

"Rules in buying agreements: Important ones and less important ones"

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134: Impossibility or other excuse, or

"When you can't keep a promise for a good reason"

Part 3 Sale of goods
Formation of contract: Conditions and warranties

133Breach of condition to be fulfilled by seller

  1. If a contract of sale is subject to a condition to be fulfilled by the seller, the buyer may waive the condition, or may elect to treat the breach of the condition as a breach of warranty, and not as a ground for treating the contract as repudiated.

  2. If a contract of sale is not severable, and the buyer has accepted the goods or part of the goods, the breach of a condition to be fulfilled by the seller can be treated only as a breach of warranty, and not as a ground for rejecting the goods and treating the contract as repudiated, unless there is a term of the contract, express or implied, to that effect.

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