Faulty paint - What would you expect?

janninew

Hi All,

Just wanted some different opinions on the following please:

I recently had my hall, stairs and landing painted by a local decorating firms. I supplied the paint as I have a relative who works for a large DIY chain who gets a reasonable discount. The paint I chose wasn't cheap and is designed to tough and scrubable, this is essential as I have 3 dogs and they sometimes make a mess of the walls.

The decoraters finished last month and it all looked fine. A week or so later I had to scrub the wall for the first time as my dog had wiped his slobbery chops on it! I wiped the wall using a dishcloth and warm water (as recommended on the paint tin) and afterwards I noticed it had discoloured the wall and left a shiny mark. I have this paint in other areas of my home and never had this problem.

It was very noticable and as a few more days past I could more marks appearing from where the dogs had brushed against it. I tried to wipe these away, but again was left with a shiny stain on the wall.

I went back to the shop that I bought the paint from to complain and they offered to send the paint back for testing (luckily I had a quarter or so of a tin left) The paint has come back and they have admitted its not up to the usual quality and is faulty!

They have offered me £50.00 compensation! I personally don't think this is reasonble as the 'faulty' paint cost me 4 times as much and I have the decoraters bill on top of that expense! I spoke to a lady on the phone today and she said they aren't willing to pay anymore and 'couldn't I just re-paint it myself' I'm rubbish at painting, I'm 6 months pregnant (Hubby works abroad) and I work full time, so was rather annoyed at that comment! Plus painting the stairway and landing is bloomin hard work and I'm not climbing up a ladder to do it myself!

I would accept the full cost of the paint and maybe a token payment to pay towards the decoraters. I'm I being unreasonable in my request?

This situation is stressing me out and I don't want to come across as a money grabber, but they have admitted that batch of paint is faulty and it doesn't do what it says on the tin!

Any thoughts?

Thanks.

vuvuzela

I would definitely ask for the full cost of the paint. I think you might be pushing it to ask for more than that but it's definitely worth a try. Trying to fob you off with a refund that doesn't even cover all the cost of the paint is taking the mickey.

maninthestreet

They should refund you the full cost of the paint. Anything extra maybe considered discretionary.....

esuhl

Under the Sale of Goods Act, the shop must refund/replace the faulty goods. The customer is also entitled to damages if the faulty goods have resulted in consequential losses that will cost money to rectify.

In order to put yourself in the position that you should now be in, had the shop provided you non-faulty paint, you will need the replacement paint (or compensation to buy paint of a similar quality from another retailer) and the money to pay the decorators to come back and re-paint the walls.

In my opinion, that's the bare minimum that you are legally entitled to. If the shop refuse to comply you can sue them in the County Court (a relatively easy process that you can start via the Money Claim Online website).

You can view the entire Sale of Goods Act 1979 (as amended) here.

There's a brief paragraph about your rights to claim damages as a result of "consequential losses" under the Sale of Goods Act in section 5 (under the heading "Consequential Losses") of this web page from the OFT.

Hope that helps...

janninew

That's very useful to know, thanks esuhl!

I will have a read through and go back to the shop tomorrow after work.

InsideInsurance

I would agree with esuhl that they would be liable for the cost of the paint and the repainting. It could be different if you'd done the painting yourself the first time and asked for decorators the second but you're asking for the status quo to be maintained. It would be useful to go in with the invoice from the painters to show the costs you've incurred.

The only possible complication, did you actually buy the paint or did your relative buy it and you repaid them?

janninew

InsideInsurance wrote: »

I would agree with esuhl that they would be liable for the cost of the paint and the repainting. It could be different if you'd done the painting yourself the first time and asked for decorators the second but you're asking for the status quo to be maintained. It would be useful to go in with the invoice from the painters to show the costs you've incurred.

The only possible complication, did you actually buy the paint or did your relative buy it and you repaid them?

I have the invoice from the painters which I would be happy to show. I paid for the paint on my debit card, the discount card can be used by my relatives friends and family on certain days so all above board!

InsideInsurance

janninew wrote: »

so all above board!

Its not a matter of it being "above board" but that the SOGA only applies between the vendor and the customer as it is connected to the contract of sale.

If your relative had bought it from the shop and you had then, legally speaking, bought it from them then you would have limited/ no redress against the shop directly as there would have been no contract of sale between you and the shop.

That said, you paid for it so there is and it isnt a problem.