Sale of goods law in Spain

Information and questions about the Law in Spain and Andalucia.
El Cid
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Sale of goods law in Spain

Postby El Cid » Mon Nov 09, 2020 11:31 am

If you agree a price with a seller, take delivery of the goods and later the seller says he got the price wrong and wants you to pay the full amount, what is the law regarding this?

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markwilding
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Re: Sale of goods law in Spain

Postby markwilding » Mon Nov 09, 2020 11:57 am

Something like this happened when I bought a car. I bought a bundle which didn't include Stop and Go but it had it on arrival and they wanted me to pay the difference, which I refused,

I would imagine you have paperwork with the price originally agreed clearly laid out. With this in mind, If you already have the the goods with a receipt of payment, then it will down to you if you want to come to some sort of agreement.

I have also heard of cases where the price was so wrong that a court sided with the seller but without any transaction ever having taken place. The buyer wanted the right to buy the goods at the lower price.

Having said that, as this is an unusual situation, I would check with the consumer office or CIB to make sure.

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Re: Sale of goods law in Spain

Postby Pamela1 » Mon Nov 09, 2020 12:22 pm

I'd imagine if this happened to many people they would refuse to pay the difference.

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Re: Sale of goods law in Spain

Postby Beachcomber » Mon Nov 09, 2020 12:28 pm

For me it would depend who the seller was. If it was a company or someone from whom I bought items on a regular basis I would pay the difference in order to maintain a good relationship. If it was some faceless multi-billion euro corporation I would make them fight me for it. (But maybe that is because I am an awkward sod!)

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Re: Sale of goods law in Spain

Postby Pamela1 » Mon Nov 09, 2020 12:53 pm

I'd agree but then it works both ways, i'd say in that case it was more important for the seller to maintain a good relationship, after all he is the one who can't afford to miff off his customers.

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Wicksey
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Re: Sale of goods law in Spain

Postby Wicksey » Mon Nov 09, 2020 3:08 pm

I seem to remember the phrase 'invitation to treat' from my law classes back in the distant past, as a price tag in a shop is not a contract and they do not have to sell the item at that price, presuming the law here is the same as in the UK. https://www.theguardian.com/money/2012/ ... ed%20price.

However it is more complicated than that if it was not bought in a shop. I think Mark's case is slightly different with his car as they included something he hadn't asked for, so he hadn't wanted it in the first place and never contracted to buy that extra (and very wise too .... so glad our stop and go can be switched off.)

El Cid
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Re: Sale of goods law in Spain

Postby El Cid » Mon Nov 09, 2020 3:22 pm

There was a case recently where a couple ordered a $15 bottle in a restaurant and were mistakenly given a $2000 bottle. The owner had to take the hit.

What if you contracted to buy a car, paid for it and took delivery and a few days later you were told they got the price wrong and wanted another €5000?

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Re: Sale of goods law in Spain

Postby markwilding » Mon Nov 09, 2020 3:32 pm

That happened to me but the price was closer to a few hundred Euros difference. I refused to pay and the company backed down.
I think Beachcomber's point regarding the company is relevant. I might come to some sort of agreement if it were a small trader.

If the payment had already been made, then I would think the contract is fulfilled. If not, then I would imagine the company would be within their rights to walk away from the deal.

One thing I have learnt in Spain is not to add anything to any work being done after work has started, My wife will insist on doing this but it gives the trader an advantage which they use to charge too much.

El Cid
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Re: Sale of goods law in Spain

Postby El Cid » Mon Nov 09, 2020 4:32 pm

Let’s take a medical example. A friend recently elected to have an angiogram which could result in expensive stents being implanted. He asked the hospital for the cost of the stents as there was an upper limit for such items on his health policy. A figure was quoted and he went ahead. After the procedure he was told that they had made a mistake and the price was higher. How would you handle that?

I can imagine many other scenarios but I am interested in people views or better still, personal experiences.

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costakid
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Re: Sale of goods law in Spain

Postby costakid » Mon Nov 09, 2020 7:37 pm

Well they can't really have the goods back can they. I would probably try to come to some agreement with them but as Beach said if it was a multi national I would not pay them.

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Re: Sale of goods law in Spain

Postby costakid » Mon Nov 09, 2020 7:38 pm

I know in the uk if say Tesco mark a 50 " tv up for £299 by mistake and you take it to the till they have to sell it to you. Not sure about Spain but should be the same really.

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Re: Sale of goods law in Spain

Postby elusive » Mon Nov 09, 2020 8:06 pm

https://www.google.co.uk/amp/s/www.this ... ights.html

They dont have to sell it at the advertised price

Stents is abit awkward. As others say you cant give them back!!.come to an agreement or walk away. They are hardly gonna sue you. Upto the individual and their ethics

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Re: Sale of goods law in Spain

Postby Pamela1 » Mon Nov 09, 2020 8:26 pm

That is a very difficult one, especially when your health is involved and should you need further care by the same hospital...I imagine anyone in this scenario would be caught out at their most vulnerable. Quite a dilemma! Those who have the means may try and come to some agreement but not everyone has a nest egg just sitting there to dip into. The end result could be that there are no winners.

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Re: Sale of goods law in Spain

Postby El Cid » Mon Nov 09, 2020 10:39 pm

I think you are right. Getting an agreed settlement is the right answer.

With the car example you may have a good alternative choice in the future. Hospitals are more difficult as most of them in Andalucia are now owned by one private company.

As many members have said, it’s down to the individual to decide just how far you want to push it. I was interested to know if any member had experience of such issues, but so far that has drawn a blank.

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GerryinCajiz
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Re: Sale of goods law in Spain

Postby GerryinCajiz » Tue Nov 10, 2020 11:27 am

costakid wrote: Mon Nov 09, 2020 7:38 pm I know in the uk if say Tesco mark a 50 " tv up for £299 by mistake and you take it to the till they have to sell it to you. Not sure about Spain but should be the same really.
I do not think that is true Costa.
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Wicksey
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Re: Sale of goods law in Spain

Postby Wicksey » Tue Nov 10, 2020 2:18 pm

As I said above "a price tag in a shop is not a contract and they do not have to sell the item at that price"

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chrissiehope
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Re: Sale of goods law in Spain

Postby chrissiehope » Tue Nov 10, 2020 2:21 pm

But if they have sold at a specific price, and accepted payment, then surely the contract has been fulfilled & therefore no comeback, on either side ?
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Re: Sale of goods law in Spain

Postby markwilding » Tue Nov 10, 2020 3:03 pm

I think this is the main difference. If you already have the good bought and paid for, then there is not much that can be done as the contract has been fulfilled. However, should the mistake be seen before and it's an obvious mistake, then the company would be within their right to withdraw it from sale.
On the other hand, if the company deliberately misleads you into making a purchase and starts to add compulsory extras, then there would be a case to complain.


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