(b) That's wrong. The important fact is that the goods were sold to a consumer. This fact alone brings s 51, 52 and 53 of the ACL into operation. Section 51 creates a guarantee that the supplier (either a commercial supplier or a private seller) will have the legal right to dispose of the property when the time comes to pass ownership to the buyer. Section 52 guarantees that the consumer's title (right of ownership) to the goods will not be disturbed by third parties with competing claims to those same goods. This is known as a guarantee of 'undisturbed possession'. Section 53 guarantees that goods sold to a consumer are not subject to any security, charge or encumbrance that was not disclosed in writing at the time of the sale. Nor may the goods be made subject to any such security between the sale and the title being transferred to the consumer. These are important guarantees.

The available remedies for breach of a statutory guarantee are explained at the end of this section.