Hire purchase agreements are a type of financing arrangement where the buyer purchases an item, such as a car or furniture, on credit and pays for it in installments over a period of time. These agreements typically contain a number of implied terms that dictate the rights and obligations of both parties.
One of the key implied terms of a hire purchase agreement is that the seller has a legal obligation to provide the buyer with possession of the goods being purchased. This means that the seller must transfer ownership of the goods to the buyer once all the payments have been made. Until that time, the seller retains ownership of the goods and the buyer is simply using them under the terms of the agreement.
Another important implied term of a hire purchase agreement is that the buyer has the right to terminate the agreement at any time by returning the goods to the seller. This is known as voluntary termination and is a useful option for buyers who can no longer afford the payments or who no longer want the goods.
The agreement also typically includes terms relating to the payment schedule, interest rates, and fees. The buyer is typically required to make a down payment and then pay the balance of the purchase price in installments over a period of time. The interest rate and any fees associated with the agreement will be specified in the contract.
In addition, there are a number of other implied terms that apply to hire purchase agreements. The seller is required to provide goods that are of satisfactory quality and fit for the purpose for which they are intended. If the goods are defective or do not meet these requirements, the buyer may have a legal right to reject them and return them to the seller.
Overall, hire purchase agreements are an important financing option for consumers looking to make large purchases on credit. It is essential that both parties fully understand the implied terms of the agreement to avoid any misunderstandings or disputes. Any disputes that arise can be resolved with the help of a lawyer or mediator.