Australian Consumer Law (Competition and Consumer Act 2010 Schedule 2)
Chapter 3 Part 3-2 Division 1: Consumer guarantees – Australian Consumer Law (Competition and Consumer Act 2010 Schedule 2)

Australian Consumer Law (Competition and Consumer Act 2010 Schedule 2) s51-53: ss 51 to 53 Guarantee good title, undisturbed possession and freedom from undisclosed securities

A supplier of goods to a consumer guarantees that it has the right to dispose of the property in the goods when property is to pass (s 51), that the consumer will have undisturbed possession except by a holder of a security, charge or encumbrance disclosed before the consumer agreed (s 52), and that the goods are and remain free of any security, charge or encumbrance not disclosed in writing beforehand or not created with the consumer's express consent (s 53; a floating charge counts only once fixed and enforceable). Where only limited title is to pass, the guarantees shrink to non-disturbance by the supplier and those claiming through it and disclosure of known encumbrances. Title guarantees do not apply to hire or lease, and the possession guarantee applies for the hire period only.

Maintained by Gerard Blokdyk

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