Dishwasher 'flooded' kitchen.....

scholesy69

Hello,

I sold a dishwasher on Ebay on behalf of my mother-in-law. The bloke collected and installed it. Then called me a few hours later to say water was leaking/gushing out of it.

He says the council has just put in a new kitchen with pre-built units that don't have removable kick boards hence he can't get to all the places to soak up the water.
I have offered to collect and give a full refund which I'm doing. However he wants me to pay for the repair to his kitchen too.

Has anyone been in a similar situation (as a buyer or seller), what happened? I'm guessing legally he should claim on house insurance and I am not liable for any costs incurred?

Can anyone offer friendly advice or tell me legally where I stand?

Thanks in advance

kprigg

Im no expert, but would think that if he had bought an appliance from a shop & installed it himself they wouldnt accept any liability unless the product is actually faulty. It could be that it was the way it was instaled rather then the actual dishwahser itself.
Maybe someone else would know for certain, but I would say that you are not responsible for any other costs incurred. If he had paid by paypal they would only refund the amount he paid & not any more then that.
I hope it gets sorted - keep us posted.

pulliptears

I agree with Kprigg, you dont know how the machine was fitted, the fault could be entirely his, the machine could have been damaged in transit etc too many "what if's" there for me.

Was it working at your MIL's?

Also, OH specifies kitchens for a HA as part of his job, he tells me that all the new kitchens, council or otherwise come with removable kickboards.

mrcol1000

If the item was sold through a private seller the buyer has no rights other than to expect the item to be as described. Your doing more than you should by giving them a full refund.

scholesy69

Thank you for your help. I am going to pick up the item tonight and will look into how it failed and the make up of his kitchen units. I'm thinking if the council put in units with completely fixed kick boards then it is their fault too as there is no way for tenants to 'clean up' after a leak of any kind. I know I have left my freezer door open before to find a big pool of water on the floor before! Also the plumber who fitted our washing machine as part of the kitchen missed out the washer at the tap end but I found this before pushing it into place (luck or just good practice??).

I'm just a bit nervous as he seems quite angry and knows where I live as he collected it. I don't want him to come and damage car/property as there will be no evidence it was him..........

pulliptears

Scholesy, I'd be amazed if they have fitted fixed kickboards, the usual fitting is a peg which clicks in to a clamp, they do require some leverage to pull out, but they will be removable.

I'd be very wary with this, take someone with you as a witness as well, even better if you have a Dictaphone record any conversation from your pocket.

Maybe I just have a very suspicious mind here...

mrcol1000

scholesy69 wrote: »

Thank you for your help. I am going to pick up the item tonight and will look into how it failed and the make up of his kitchen units. I'm thinking if the council put in units with completely fixed kick boards then it is their fault too as there is no way for tenants to 'clean up' after a leak of any kind. I know I have left my freezer door open before to find a big pool of water on the floor before! Also the plumber who fitted our washing machine as part of the kitchen missed out the washer at the tap end but I found this before pushing it into place (luck or just good practice??).

I'm just a bit nervous as he seems quite angry and knows where I live as he collected it. I don't want him to come and damage car/property as there will be no evidence it was him..........

I would take a friend along as a witness. If he turns nasty then just walk away. Do not get into an arguement and if I was you I wouldn't go in his house. Ask him to bring it to the front door. Safety basics. Saying that people are usually a lot more confident in e-mails and on the phone than in person.

cyberbob

If you are a private seller and it was cash on collection they bought it as seen so there should not be any comeback. You are going out of your way giving them a refund. Its probably that they fitted it wrong and they now want to blame someone else for this. Keep us updated

scholesy69

I am taking my brother with me just in case and as a witness. I feel bad but at the same time know there are so many 'ifs and buts' like damage occuring through transit/installation etc. It it was currys/argos they would just collect the machine and refund and would not cover other damage incurred. In my mind if he wants to claim further it needs to be through his house insurance.

Still interested if anyone has been on the 'receiving' end and had a flood from an appliance and the outcome..........

Will update tonight or in the morning.

Thank you

marcowil

scholesy69 wrote: »

I am taking my brother with me just in case and as a witness. I feel bad but at the same time know there are so many 'ifs and buts' like damage occuring through transit/installation etc. It it was currys/argos they would just collect the machine and refund and would not cover other damage incurred. In my mind if he wants to claim further it needs to be through his house insurance.

Still interested if anyone has been on the 'receiving' end and had a flood from an appliance and the outcome..........

Will update tonight or in the morning.

Thank you

But that's just it, currys etc wouldn't do even that. If they didnt install the machine and/or it wasnt professionally installed they would insist that it was tested before issuing a refund. You have no way of knowing if it was installed properly or if the purchaser could have accidentally damaged it in some way

melliott1963

Just thinking suspiciously now.

Is there any way you will be able to tell that the dishwasher you pick up is the one you sold him? Serial numbers etc.?

I know it's probably a bit far fetched, but it could be that they had the same model which failed, ruining their new kitchen. They then saw yours for sale, bought it and then claimed "you ruined their kitchen", hoping that you'll pay for the damage. They then give you their duff model and are left with the free dishwasher that works, and, if you paid for the damage, money to repair the damage to their kitchen (maybe they don't have insurance).

I would have thought that a private sale is 'buyer beware'. The fact that you've offered a full refund is more than generous. As already mentioned, you've no idea what he could have done with the dishwasher once it left your house. Just make sure that if you start getting any feelings things are going to turn nasty, you make a hasty retreat.