This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Understand trader liability for faulty goods in England and Wales. This guide explains legal standards under the Consumer Rights Act 2015, remedies for defective products, time limits, proof of fault, and practical steps to resolve disputes and claim refunds, repairs or replacements.
In the United Kingdom, traders (sellers or retailers) are legally responsible for the goods they sell to consumers. If purchased goods turn out to be faulty, defective, not as described, or unfit for purpose, the law provides consumers with clear rights and remedies. These rights are designed to protect buyers and ensure traders are held accountable for the quality and safety of products they supply. This article explains the legal framework, how trader liability works, the remedies available, time limits for claims, and practical steps to resolve disputes.
The core legislation governing trader liability for faulty goods in England and Wales is the Consumer Rights Act 2015, which largely replaced earlier regimes such as the Sale of Goods Act 1979 for contracts entered into on or after 1 October 2015. Under these laws, traders are responsible for ensuring that goods meet certain standards and must address issues when those standards are not met.
Legal Standards for Goods Sold to Consumers
What Makes Goods “Faulty”
Under the Consumer Rights Act 2015, goods supplied by a trader must meet three core criteria:
- Of satisfactory quality – goods must be free from defects, be safe, durable and of a standard a reasonable person would expect considering the price and description.
- Fit for purpose – goods should be suitable for the ordinary use expected of them and any specific purpose made known to the trader at the time of sale.
- As described – goods must match the description given by the trader, including any representations made on packaging, websites or promotional material.
If goods fail to meet any of these standards, they are considered faulty under UK consumer law and the trader is liable for breaches of the contract.
Practical context: If a kettle advertised as stainless steel leaks during normal use, it may be deemed not of satisfactory quality. If a chair collapses under normal use, it may be unfit for purpose. If a product advertised as genuine leather is made of synthetic material, it does not match the description.
When Trader Liability Arises
Trader liability for faulty goods arises when a consumer purchases goods from a business and discovers a defect either immediately on delivery or within a relevant statutory period. The law places responsibility on the trader (seller) rather than the manufacturer, meaning the contract between the consumer and the trader is the basis for any claim.
If goods were purchased before 1 October 2015, the older Sale of Goods Act 1979 applies, but similar basic principles remain (satisfactory quality, fit for purpose, as described), and consumers may still enforce rights under that regime for older purchases.
Remedies Available to Consumers
Short‑Term Right to Reject (Up to 30 Days)
If goods are faulty within 30 days of delivery, the consumer has a short‑term right to reject the goods and request a full refund. This remedy is mandatory and cannot be excluded by the trader.
Example: A smartphone that fails to power on within two weeks of delivery is likely eligible for immediate rejection and refund.
Repair or Replacement (After 30 Days)
If more than 30 days have passed but less than six months have elapsed, the consumer must first give the trader a chance to repair or replace the faulty goods. The trader is responsible for the cost of repair or replacement.
If the trader cannot repair or replace within a reasonable time or without significant inconvenience, the consumer can pursue a final right to reject or a price reduction.
Final Right to Reject or Price Reduction
If repair or replacement attempts fail, the consumer may choose a full refund or, where appropriate, a price reduction reflecting the diminished value of the goods. Where the right to reject is exercised after a period of use, the trader may be entitled to make a reasonable deduction for use.
Example: A washing machine that continues to malfunction after a repair might be rejected and refunded, with a deduction for reasonable use if past the initial 30‑day period.
Proof and Burden of Proof
Within Six Months
For goods that go faulty within six months of delivery, there is a presumption they were faulty at the time of sale. The trader must show that the defect did not exist at delivery or that it resulted from consumer misuse if challenging liability.
After Six Months
After six months, the consumer must provide evidence that the defect existed at delivery or was caused by a fault in the goods rather than wear and tear or improper use.
Practical implication: Early reporting of faults and obtaining evidence such as photos, expert reports or technical diagnostics strengthens a claim.
Exceptions and Additional Issues
Exclusions in Consumer Contracts
The Consumer Rights Act primarily applies to consumer purchases - meaning individuals buying goods for purposes outside their trade, business or profession. It typically does not apply to business‑to‑business (B2B) transactions, where contract terms and the Sale of Goods Act 1979 may be relevant instead.
Safety and Product Liability
If a faulty product is unsafe and causes personal injury or property damage, additional liability may arise under the Consumer Protection Act 1987, which can extend responsibility beyond the trader to include manufacturers and importers in certain circumstances.
Practical Steps for Consumers
- Inspect Goods Promptly: Check for visible defects upon delivery and report any issues as soon as possible.
- Communicate in Writing: Notify the trader in writing (email or recorded post) with clear details of the fault and what remedy is sought.
- Keep Evidence: Retain order confirmations, photos, packaging, correspondence and proof of delivery.
- Negotiate Repair or Replacement: Within six months, agree reasonable timeframes for repair or replacement; if unsatisfactory, pursue the final right to reject or price reduction.
- Escalate if Necessary: If the trader refuses a lawful remedy, consider formal complaints, Alternative Dispute Resolution (ADR) schemes, or ultimately a claim in the Small Claims Court.
Common Questions
Can a trader avoid liability by having a “no refunds” policy?
No. Statutory rights in the Consumer Rights Act cannot be overridden by trader policies. Consumers are entitled to remedies set out in the Act.
What if goods look good initially but develop a fault later?
If the fault emerges within six months, it is generally presumed to have existed at delivery, subject to certain exceptions, and the trader is liable.
Is liability limited to the seller?
For contractual claims, consumers typically pursue the seller. However, where an unsafe product causes injury, product liability law may extend liability to manufacturers or importers.
Key Takeaways
Trader liability for faulty goods in England and Wales is governed primarily by the Consumer Rights Act 2015, which sets clear standards for quality, fitness for purpose and accuracy of description. Consumers have a structured set of remedies: a short‑term right to reject and refund, followed by rights to repair, replacement, price reduction or final rejection. Traders cannot contract out of these obligations. Knowing how to enforce these rights, the relevant timeframes and proving defects effectively supports consumers in resolving disputes and obtaining compensation where appropriate.
