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Hey Shoppers, Good News - Malaysian Shopping Protection Is Here!

over 7 years ago fadzel





This article is for general informational purposes only and is not meant to be used or construed as legal advice in any manner whatsoever. All articles have been scrutinized by a practicing lawyer to ensure accuracy.



(*By the way it actually has been here for nearly 60 years! Did you know? Just in case, here's your chance to get to know it a little better)

Let's go shopping

You know how it is when you walk into a mall - A pair of new shoes screams your name, a new phone attempts to jump into your life, or maybe even a new video game starts begging - Buy me, spend the weekend with me!

Guy or gal, everyone’s got some shopping weakness and whatever your guilty pleasure it’s always good to know that you’re protected!

Regardless of whether it’s the can of Coke/Sprite/(insert preferred..) you’re sipping on or the brand new iPhone/Samsung/(insert preferred..) that you treated yourself to, the moment you bought these items the Sale of Goods Act 1957 (SOGA) covers them..

But, before we get taken incorrectly..

Is your shopping choice covered under SOGA?

New phone? - YES

New car? - YES

New house? - NO

Why? Because of the “definition”

(Note: In the legal world definitions are numero uno!)

Definition of goods under SOGA:

Section 2 SOGA: ‘goods’ means every kind of movable property and includes stock and shares, growing crops, grass, and other things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale.

Your new handphone and car are movable properties since you can literally shift them around.

However, try as you might, your house is not a movable. So, it’s not covered under SOGA.

What you’re protected when it comes to a house. That’s a piece for another day.

As for the moveable things that you own so much of -

How does SOGA protect you?

That’s where Sections 14 to 17 comes in to protect you as a buyer:

  • Section 14(b): No one can interfere with the goods you buy
  • Section 14(c): No one can have legal claim on the goods you buy
  • Section 15: The goods you buy must fit the description
  • Section 16: The goods you buy must be fit for its intended purpose and the quality must be reasonable
  • Section 17(2): If you’re buying goods through samples, the majority of the goods must have the same quality as the samples

Essentially in a nutshell - what you bought should work

Phones should work as phones, not paperweights

Coke/Sprite/(insert as preferred..) should be sweet and aerated, and not like...milk?

And the car that you bought? Yes, it should function like a car. Not a broken down lemon.

So, remember, moveable goods are protected under the SOGA. Know your rights!

And, for those who’d like a slightly more complete picture:

SOGA 1957 (Summarised)

This act contains provisions that regulates all sale of goods contract in Peninsular Malaysia, regardless whether they are made orally or in writing.

It tells you:

  • what goods are covered under the act
  • how the contract for sale of goods is formed
  • the terms of the contract
  • when property or ownership in the goods passes to the buyer
  • the rights and remedies available to both the buyer and seller.

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