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New Zealand law explained for everyone

Contract and Commercial Law Act 2017

Sale of goods - Rights of unpaid seller against goods - Resale by buyer or seller

189: Resale in case of perishable goods or notice of intention to resell

You could also call this:

“What happens if you don't pay for perishable goods or goods the seller wants to resell quickly”

If you buy goods that can spoil quickly, or if the seller tells you they plan to sell the goods to someone else, you need to pay for them soon. If you don’t pay or offer to pay within a reasonable time, the seller can do two things. They can sell the goods to someone else, and they can also ask you to pay for any money they lost because you didn’t buy the goods as promised. This applies even if you haven’t taken the goods home yet, but had agreed to buy them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844405.

Topics:
Money and consumer rights > Consumer protection Business > Fair trading
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188: Buyer’s title on resale, or

"New buyers get to keep goods that were resold because the first buyer didn't pay"

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190: Express power of sale, or

"Seller can resell if buyer backs out of purchase"

Part 3 Sale of goods
Rights of unpaid seller against goods: Resale by buyer or seller

189Resale in case of perishable goods or notice of intention to resell

  1. This section applies if—

  2. goods are of a perishable nature or an unpaid seller gives notice to the buyer of the seller’s intention to resell the goods; and
    1. the buyer does not pay or tender the price within a reasonable time.

      1. The unpaid seller may—

      2. resell the goods; and
        1. recover damages from the original buyer for any loss caused by the original buyer’s breach of contract.

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