Question of the Week
I entered a layaway agreement with a pawn shop for a grass cutter. I was given until 5 December 2024 to pay off for it. I made the first two payments however, I missed the third and fourth payments. When I went in to pay, the sales clerk told me they sold the grass cutter since I missed two payments. She said they tried to reach me but failed. Are they allowed to sell the cutter even though I have until December to pay off for it?
Layaway is an agreement between the store and the consumer. Before entering into such an agreement, consumers should know the terms and conditions of the agreement. Once the consumer enters the agreement, and the consumer defaults on the agreement, the store has the right to end the agreement. Conversely, if the store breaks the agreement, the consumer is entitled to compensation. We recommend the consumer visit the division with the necessary documents, so we can give the best advice.
My mechanic and I went to check a used car which was being offered for sale. After checking and test-driving the car, my mechanic advised me it was a “good buy”, so I purchased it. Two weeks later, I began experiencing major issues with the vehicle for which I was not financially prepared. Can I sue the mechanic for offering me bad advice?
A consumer may be able to claim compensation if bad advice or a mistake made by a professional advisor has caused him to suffer a financial loss. We strongly recommend that you seek legal advice on this matter.
About seven years ago, I purchased a few items from a hardware store, and we agreed that the store would hold them for me. Last week, when I returned to collect the items, I was told that I had to pay more as prices had increased. I spoke to the manager who insists that they cannot give me the items based on prices from seven years ago. Since I paid for the items in full back then, should I now pay more?
Based on the information provided, the sale transaction was completed seven years ago. The items being collected are the consumer’s property. Although the store may charge a fee for storing the goods for such an extended period, the transaction cost cannot be altered. Therefore, the consumer should not pay more for the items.
Three months ago, I entered a layaway arrangement for a stove, which I would receive in December. Yesterday, the store informed me that the stove that was being held for me had been damaged, and they do not have any more stoves in that price range, so I would have to pay $500 more. I told them I didn’t have the extra money, therefore, give me back the money that I have paid so far, and I will go elsewhere. They said no, as it is a layaway agreement. Can your office assist me?
In a layaway agreement, the stated purchase price of the good should not be changed. Also, the deposit and monthly payments made by the consumer may not be refundable should the consumer change his mind about the purchase. However, the trader is responsible for the condition and safety of the goods while they are in his care. In this case, as the consumer is not responsible for the damage to the good and is unable to pay a greater amount, the consumer would be entitled to a refund. We recommend you file a complaint with the Division so we can seek redress on your behalf.
I purchased a dressing table for $1500. After it was delivered, I realized it was too large for my room. I returned the dressing table to the store and requested a refund, but I was told I could not get my money back, but they could sell it on my behalf for a fee. Is it fair for the store to charge a fee? Why can’t they simply refund me?
It is the consumer's responsibility to be certain of his/her requirements before making a purchase. The dressing table has no defects; therefore, the store is not obligated to refund you. You can accept the store’s offer or conduct the sale on your own behalf.
I purchased two pairs of work shoes for $100, and after wearing them for about a month, they began coming apart. I returned them to the store and demanded my money back, but they refused, saying the shoes were on sale and they were now in poor condition. I don’t believe name-brand shoes should fall apart in one month. How can I get my money back?
After wearing the shoes for one month and then discovering damages, it would be difficult to establish that the shoes were defective at the time of purchase. Furthermore, should the shoes be returned in poor condition (dirty, fair wear and tear) then it would be even greater to prove that the good is defective. Though we agree “name-brand” goods generally do not fall apart after one month’s use, the period the consumer had the good and the way the good was used help to determine whether the consumer receives redress.
I purchased a Sprayground school bag for my daughter. By the second day of school, she came home complaining That the bag was fake and the situatin was embarrassing. I tool the bad back to the store and asked for a refund because I as sold a fake bag. However, the workers and the storeowner are adament the bag is not a fake. How can i get my money back?
It must first be established that the bag is not a counterfeit. Some ways to identify counterfeit goods are spelling errors in the product label or sign, quality of packaging, not being able to find the identical product on the manufacture's official site, and the differences in design, products. Should the bag be found to be a counterfeit, this would be a case of misrepresentation, and that consumer would be entitled to redress (refund). We recommend that you make a complaint with the Division so we can investigate the matter and seek redress on your behalf as may be necessary.
Is it legal for schools to charge a registration fee? Should I change my mind, am I entitled to a refund?
Generally, private schools charge a registration or re-registration fee to determine the number of students they need to accommodate. Such fees are non-refundable or, in the case of some schools, deducted from the school fee. Although it is not a legal requirement, it is a part of the school’s policy established to guide its operations.
Will cereals no longer be price-controlled? Does this mean traders can sell them for whatever amounts they choose?
Under the revised Price Control Act CAP 138 of 1967, which takes effect 1st August 2024, cereal is one of the goods to which size specifications have been added. Cereal Foods less than 6g per oz or 21.2g per 100g of cereal will be price-controlled. Cereal Foods outside of this size stipulation will not be price-controlled. Additionally, cereals (and other foods) with high sugar content will no longer be price-controlled. Cereal foods that are price-controlled will attract a fixed percentage markup as stipulated under the Act. The cost of cereal foods that are not price-controlled is determined by the trader.
I was hired by a lady to make a delivery from a hardware store to her house. We confirmed the price of $150 at the store, and the items were loaded into my truck. Upon making the delivery at her house, she accepted the items and then complained that the price was too high and would only pay half the agreed amount. Can you assist me in getting the balance of the money?
The Division protects and represents buyers of goods and services and the public against unfair practices in the marketplace. In such cases, traders and service providers would need to seek assistance from another source (e.g., a lawyer) to obtain the balance of their money from the consumer. However, the Division can offer advice to traders and service providers to encourage a more harmonious relationship between them and consumers.
I purchased a Nutribullet, which was advertised as “barely used” by a seller on Facebook. Although the appliance looks new, when I tried using it, it worked for about 15 seconds, then stopped. I contacted the seller since he told me when he delivered the appliance should I have any issues to do so. He then told me that once it worked, I got what I paid for, as used goods are sold as is. How can I get my money back?
Used goods are “sold as is” or “sold as seen”, so there may be some fault, imperfection or wear and tear. However, in keeping with the Sale of Goods Act 1990, goods must be of merchantable quality, meaning they should be reasonably fit for their normal purpose and should work. Consumers have a responsibility to thoroughly examine goods (new and used) before making the purchase. In cases such as this, the burden of proof is on the consumer to prove that the seller knowingly sold a product that was not of merchantable quality. We strongly suggest you make a complaint with the division so we can investigate the matter and seek redress on your behalf.
I purchased a six-burner stove, and within two weeks, it started to have rust spots. I went back to the store and spoke with the owner about the stove. He said he would exchange the stove, and I was also free to take another brand of the same value. However, after agreeing to the exchange, I saw another six-burner stove cheaper at another store, so I told him I wanted a refund and not an exchange. He said he was not giving a refund as the exchange was fair. Can you assist me in getting my money back?
The redress process provides for a repair, exchange, refund, or store credit. The trader has put forward a fair redress option and has also offered another brand if the consumer desires. However, the consumer has the right to accept or reject the offer. The consumer is not entitled to a refund because he/she saw a cheaper stove elsewhere. The consumer is entitled to be fairly compensated for the money spent during the sale transaction with the store.
I took my vehicle to be repaired and agreed with the mechanic that I could not afford to pay any more than $2,500 for the three parts plus labour. Two weeks later, I collected my vehicle and realized the parts installed were used. I refused to pay the mechanic because I did not want used parts in my vehicle. The mechanic said once I paid him for his labour, he would take them off. I do not think I should pay him because I am not pleased. What should I do?
Consumers should clearly state what they want/do not want before finalizing service arrangements. Both the consumer and the service provider should agree on such terms and conditions. This affords the opportunity to clarify misunderstandings and ask questions. No aspect should be left to assumption. As these steps were not followed, we suggest you accept the vehicle with the used parts or pay the mechanic for his labour as requested.
I purchased a stove three months ago. When the deliveryman delivered it, he told me it got damaged while he was transporting it. He promised to work something out with the store to give me a discount as the stove was bought on hire purchase. Two weeks passed, and the deliveryman did not address the matter. I returned to the store and complained. The store owner informed me he was not responsible for the damage, so I would have to deal with the deliveryman. Since then, the deliveryman and I have been back and forth. This is frustrating. What should I do?
A consumer should never accept a damaged item under any circumstances. Since the consumer chose to, a complaint should have been made immediately with the store. According to the Sales of Goods Act, the seller, not the delivery service provider, is responsible for resolving such an issue with the consumer. In the case of a minor problem, the consumer could be offered a free repair instead of an exchange or a refund. If a major problem, the consumer has the right to ask for an exchange or refund. The seller has the right to seek redress from the delivery service provider.
I hired a handyman to carry out repairs to my home in December. He has yet to complete the work although I have paid him a 50% deposit and given a January deadline. He continuously promises to come at set times to finish the job but never shows. I am rather frustrated and would like to know my options.
We would recommend two options:
- Ask the handyman about the value of the work that has been completed in keeping with your estimate. If it is less than the deposit amount, request the difference be refunded. Should it be more, pay the difference and engage another service provider to complete the work.
- Make a complaint with the division so we can investigate the matter and seek the best outcome for you.
I have repeatedly asked my landlord to make needed repairs to the property. I became frustrated and hired a plumber to fix the issues in the bathroom. His bill is $450.00. I told my landlord that he was responsible for paying the plumber, but he said he never hired him. To get my money back, I paid my rent less the $450.00 but my landlord says he wants the full rent, or he will give me notice. What should I do?
It can be rather frustrating to be making rent payments and the landlord is not upkeeping the property. However, as a tenant, you must obtain permission from the landlord to have repairs carried out on the property. Should rent money be used to pay for repairs, this should be agreed upon by the landlord and the tenant before the repairs. We recommend you make your rent payment in full, as once you are in arrears 30 days or more your landlord can issue you a notice to quit. Also, make a complaint with the division so we can investigate the matter and best assist you.
I purchased a suitcase but when I took it home, I had difficulties opening it since it uses a password. I took it back to the store and explained the issue I was having. After several attempts, the man in the store was able to put in a password and opened it. I asked for instructions on how to use the suitcase since I didn’t get any the previous day. He said it didn’t come with instructions. I told him since there were no instructions and no other suitcases without passwords, I wanted my money back. He refused saying nothing was wrong with the suitcase. Can you assist me?
Traders/merchants should not assume consumers know how to use a product. The consumer should be able to consult the instruction leaflet or manual supplied with the product or seek advice from the retailer or manufacturer. Since the store also experienced difficulties opening the suitcase, is unable to exchange it for another suitcase without a password and there are no usage instructions, we agree with your request for a refund. We recommend you make a complaint with the Division so we can seek redress on your behalf.
I sold a used car but before I accepted the money, the buyer test-drove the car and complained the car was smoking. She called her mechanic to check the car, and after it was checked, she decided to make the purchase. About a week later, the mechanic and the buyer called me about the piston rings, which they said is causing the smoke. They said the cost to fix it was $800 and I gave her back $800. Since then, she is calling and complaining about other things regarding the car and said she is going to return the car and she wants her money back. How much money should I give her back?
You should not give back any money to the buyer. Used items are sold as is or as seen, so there may be some fault, imperfection or wear and tear. Also, the buyer had her mechanic check the vehicle before making the purchase. Once arrangements were not made for you to cover the cost to repair any issue with the vehicle before the sale, you are not responsible for any repair after the sale transaction has been completed.
Is it true that once a store owner puts drinks in the fridge it is no longer price controlled?
Yes, that is true. Juices at room temperature are price-controlled items. Once chilled, the trader is allowed to mark up the goods to cover operating expenses.
I purchased a tent from a store in town and no sooner than it was set up, it started to snap and break. The next day I took the tent back to the store and requested the tent to be exchanged or my money refunded. The storeowner checked the tent and then asked how the tent was secured when it was erected. I told him my teenage son and his friends set up the tent, but it was windy on the weekend and because the tent is inferior that’s the cause of the problem. He said we should have ensured the tent was properly secured and if the wind was too strong then take down the tent. He said since the wind damaged the tent, the store would not offer any redress. Is this fair?
Consumers are responsible for thoroughly checking goods before purchase to ensure he/she is getting the best value for money. If the quality of the tent is unsatisfactory the consumer has the right to refuse to purchase it. Consumers are also responsible for using goods the correct way. In many cases, instructions on usage are overlooked by consumers. If damage is caused to goods due to incorrect use or the failure of the consumer to exercise due care during use, then the consumer would not be entitled to redress.
I hired a contractor to repair a hole in my roof. His workmen did not do the work properly and a further attempt to repair the hole has not worked. I told the contractor I wanted a refund, but he said he was entitled to three chances to correct the work. Is this correct?
Under the Sales of Goods Act, the service provider (contractor) must provide the service with reasonable care and skill. If the service provider fails to do so, the consumer is entitled to have the work redone within a reasonable time, without cost and significant inconvenience to the consumer. Should it be impossible to redo the work, carry out the work within a reasonable time or without causing the consumer significant inconvenience, the consumer is entitled to a discount, which can be as much as a full refund. If the consumer wishes, the service provider can be given more chances to redo the work, but the consumer is not legally obliged to.
On 15th December I purchased ten chairs and agreed with the store for them to be delivered on 20th December. On 20th December, I received a call from the store saying they had no more of that chair in stock, but they had a shipment at the port, and I would have the chairs in time for my family gathering on Christmas Day. The store did not keep its promise to deliver the chairs before Christmas and their two subsequent promises to deliver in January have not been met. I have asked the store to cancel the transaction and give me a refund, but they said that cannot be done since they have already placed the order and the shipment is on the way. Can you help me get my money back?
The sale transaction was completed on the premise that the goods were in stock. Once the delivery date is agreed between the consumer and the trader and it is made a term of the transaction, the consumer can cancel the transaction and get a full refund if the goods are not delivered by the agreed date. We recommend you make a complaint with the Division so we can seek redress on your behalf.
I purchased a part for my vehicle in December which I am now returning to the store because it is the wrong part. The store will take the part back but not at the current displayed shelf price of the part but at a lower price. I think this is unfair since consumer laws allow me to be refunded based on the current value of the part. Can your office assist me, please?
Generally, returns and the associated refunds are conducted based on the cost of the item stated on your receipt. The practice is for the consumer to be refunded the amount paid in keeping with the receipt and not the price displayed on the shelf. Under the Sales of Goods Act, the consumer is refunded the amount paid as shown on the receipt. Some stores may deduct a restocking fee in keeping with their policy.
I picked up groceries at a popular supermarket and realized that the ABST had been increased on some goods that had been on the shelves before 1st January 2024. I indicated to the cashier that the 2% increase cannot be applied to goods already in their possession but only to new stocks. After she consulted with a supervisor, the cashier told me the prices of the goods in question were correct and would not be adjusted. I thought this was unfair, so I refused to buy the goods. Can the supermarket increase the prices of old stock based on the 2% increase?
The amendment to the Antigua and Barbuda Sales Tax from 15% to 17%, sees a 2% increase being applied to all goods that attract the tax effective 1st January 2024. However, no stipulation is given as to old or new goods. The increase is therefore applied to both old and new stocks. It is also a good practice for consumers to know the list of goods that attract the ABST and those that are zero-rated so they can be better informed when making purchases. Both lists can be obtained from the division.
I am in the process of setting up a small shop. I have already acquired some of my goods and should begin operating soon. What I am struggling with is when to add the Antigua Barbuda Sales Tax (ABST). Should this be done before or after adding the markup?
As a retailer, you buy goods at a certain price and then add an amount to it to arrive at your selling price. For example, a retailer who buys a case of mustard at a wholesale price of $62.40 would add a 15% markup. The retailer will then add the ABST at 17% and divide the amount by the quantity in the case; in this example, we will use 12.
- $62.40 x 15% = $9.36
- $62.60 + $9.36 = $71.76
- $71.76 x 17% = $12.19
- $71.76 + 12.19 = $83.95
- $83.95 / 12 = $6.99 final shelf price