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do I have to offer a refund?

Hi, Can anyone help me? I sold my Kenwood chef on ebay, it was working fine when I sold it, I tested it the morning that it was collected, everything was fine.
The buyer collected, took it home, tested it themselves, left + feedback and have since sent me a message saying that they used it and it went bang, smoke and the smell of burnt electrics.

Now, obviously that isn't the sort of thing that I could have known would happen, it is a 20 year old machine, and in my opinion a real case of bad luck for the buyer.

They think I ought to refund them as it's not fit for purpose... but it was when it left my home and when they first used it.

Any thoughts?

Please help!

broke n grumpy :)
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Comments

  • macfly
    macfly Posts: 2,728 Forumite
    How long since?
  • stsarina
    stsarina Posts: 263 Forumite
    Did they pay cash on collection or did they use Paypal?

    Hannah
    Team Pink! Baby girl due 25/5/14
  • Hi, Can anyone help me? I sold my Kenwood chef on ebay, it was working fine when I sold it, I tested it the morning that it was collected, everything was fine.
    The buyer collected, took it home, tested it themselves, left + feedback and have since sent me a message saying that they used it and it went bang, smoke and the smell of burnt electrics.

    Now, obviously that isn't the sort of thing that I could have known would happen, it is a 20 year old machine, and in my opinion a real case of bad luck for the buyer.

    They think I ought to refund them as it's not fit for purpose... but it was when it left my home and when they first used it.

    Any thoughts?

    Please help!

    broke n grumpy :)



    'Fit for purpose' is entirely related to what one would expect the condition of the item to be given it's age. One would not expect a brand new item to break down.

    For second hand items.....or even older first hand items, its down to how long one would normally expect the item to last. A good TV, for example, should last 10 years or more....and I've heard cases of people successfuly making claims on TVs that broke down after 5 years. People are wrong to assume that just because their TV is 5 years old...that they no longer have a case. If a court would decide ( and they have done ) that a good TV should last longer.....one has a case.

    I have a fridge freezer that is 16 years old and still going strong. I think that is a reasonable liftime for such an item.

    I remember the old Kenwood Chefs....my Mum used to use one quite some way back. I'd say 20 years is a pretty good lifetime for such an item....especially the electric motor that has quite some work to do. I'd say an item that age is bought entirely at buyer's risk.......my attitude would be ' I'm buying a 20 year old Kenwood...it is LIKELY to break down the next day '.
  • amcluesent
    amcluesent Posts: 9,425 Forumite
    If the paid cash, then hard luck on them
  • justjohn
    justjohn Posts: 2,260 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Private sale of second hand goods buyer beware
  • mod81
    mod81 Posts: 29 Forumite
    If they collected in person then there is no distance selling happening as they inspected the goods when collecting so you don't have to give a refund. As far as you know they may have tried to mix cement with it or something stupid like that and have burnt out the motor.
    My friend bought a second hand car on ebay and tested in when he picked it up and all ok but it broke down about 2 days later and needed £500 of repairs but he just had to cut his losses and accept it was working when he bought it
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    20 year old machine
    working when the buyer got it
    private sale,end of
  • am I missing something here? If the buyer puts a claim in through Ebay/Paypal I think he'll win.
    Instant Credit means Instant Debit!

    Walking to the pub IS exercise! :beer:
  • am I missing something here? If the buyer puts a claim in through Ebay/Paypal I think he'll win.

    Not if it's cash on collection.
    My daughters are my world
  • pinkshoes
    pinkshoes Posts: 20,670 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Did you demonstrate it working to the buyer?

    If you were in their shoes, what would you want the seller to do? How much did they pay for it?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
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