Maggie wants to sell her unwanted Xmas presents at a garage sale in order to raise funds for a trip to Thailand. What is her legal position? Group of answer choices Maggie is not subject to the Consumer Guarantees Act as this is not activity in trade as described in the Act. The sales are not covered by the Consumer Guarantees Act because it does not cover the sale of second hand goods. The Consumer Guarantees Act need not apply to this transaction because Maggie can always enter an agreement with buyers stating that they have no rights under the Consumer Guarantees Act. All these statements are correct.
Question
Maggie wants to sell her unwanted Xmas presents at a garage sale in order to raise funds for a trip to Thailand. What is her legal position?
Group of answer choices
Maggie is not subject to the Consumer Guarantees Act as this is not activity in trade as described in the Act.
The sales are not covered by the Consumer Guarantees Act because it does not cover the sale of second hand goods.
The Consumer Guarantees Act need not apply to this transaction because Maggie can always enter an agreement with buyers stating that they have no rights under the Consumer Guarantees Act.
All these statements are correct.
Solution
Maggie is not subject to the Consumer Guarantees Act as this is not activity in trade as described in the Act.
Explanation:
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The Consumer Guarantees Act (CGA) in New Zealand applies to goods and services that are ordinarily purchased for personal, domestic, or household use and sold by a trader to a consumer. In this case, Maggie is not acting as a trader; she is a private individual selling her personal items at a garage sale.
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The CGA does cover the sale of second-hand goods, but only when sold by a trader to a consumer. As Maggie is not a trader, this point is not relevant in this case.
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While it is true that a trader and a consumer can agree to contract out of the CGA in certain circumstances, this is not relevant in this case as Maggie is not a trader.
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Therefore, the only correct statement is that Maggie is not subject to the CGA as this is not activity in trade as described in the Act.
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