problems with a shed/workshop I bought for £7K

dunramblin

Hello
I bought a supposedly extra strong sturdy workshop/shed 30ft long x 12ft wide for approx £7K and now the roof is collapsing. It says in his T&Cs that bespoke sheds are not returnable. However as far as I am concerned he has sold me a dangerous product and me or my kids could have been in the shed when the roof started collapsing. The roof has not actually fallen down yet and it was propped up with a jack. His online advert (which he has now removed) said extra strong trusses and framework. They were clearly not. He had it made in lithuania and has blamed his manufacturers there. The trusses were not built properly. I spent a lot of money on this shed and expected a premier product. The supplier offered to fix it, but I said no and I want my money back. He does not seem prepared to do this and told me he has contacted his litigation solicitor for advice. I bought it with a credit card - I have initiated a section 75 claim. I'm just wondering if anyone thinks this guy would have a leg to stand on in court if it goes that far ?
Thanks for any advice.

mattyprice4004

You need to give him the chance to repair - a court case would likely be weakened by not allowing him to rectify the situation.

dunramblin

Thanks for your reply. I appreciate another opinion on the matter. But I don't want him to try and fix the shed. The shed builders live in lithunia. He is not a shed builder he is a supplier of bespoke sheds. It should have arrived as advertised. What about the Sale of Goods Act 1979 on the basis that the shed was not of satisfactory quality and not fit for purpose and in this case actually dangerous. His sheds can be DIY - what if I was on the shed roof and the whole thing collapsed. In my opinion, £7K is a lot of money and I would not expect fixes to be made the week I bought it - perhaps yes in a few years time, but not straight away.

He did try and fix the leaking windows - he told me he had - they are still leaking.

shaun_from_Africa

What is/was the shed used for, and how long after it was installed did the roof start failing?

dunramblin

Hello thanks for replying. The shed was going to be used for the kids to play in + storage of household and garden stuff. The roof started collapsing the day after the installer erected it. The supplier had the shed made in Lithunia and shipped it over here (cheaper for him I suppose). However, he admitted to me in an email, that the manufactures did not try the roof on or try any of the doors and windows to see if they fit before sending. He is sort of blaming the manufacturers, but my contract is with him and not them. In my opinion he should have quality controlled the shed before giving it to me.

ThumbRemote

dunramblin wrote: »

Hello thanks for replying. The shed was going to be used for the kids to play in + storage of household and garden stuff. The roof started collapsing the day after the installer erected it.

Was the installer appointed by you, or did the same company supply and install the shed?

If the latter, tell them you are rejecting the product under the Sale of Goods Act as being not of satisfactory quality.

shaun_from_Africa

The roof started collaping the day after the installer erected it.

In which case (provided that the installer didn't do something wrong and was employed by you), you are under no legal obligation to allow the seller to attempt a repair.

The SOGA gives you a reasonable time to inspect and test goods after purchase to ensure that they are as described, and if they are not, you are entitled to reject them for a full refund.

Because of this, there is no reason why a S75 claim shouldn't be successful.

dunramblin

thanks again - the installer was appointed by me separately although they were recommended to me by the supplier. They have installed many sheds for the supplier. They did not do anything wrong. It is purely a manufacturing defect ie. weak trusses. The installers even said to me that it is the worst build they have seen since they started their working lives.

dunramblin

he wants me to get the installers to try and fix it which he will pay for, but then it would become an issue with the installers if anything else goes wrong in future ?? Because it has already gone wrong I just want to wash my hands of the whole episode.

dunramblin

if a section 75 is successful, how does it play out ? I presume the credit card company will try and get the money back off the supplier and then he would come and get the shed back ? Anyone know ?

ThumbRemote

dunramblin wrote: »

he wants me to get the installers to try and fix it which he will pay for, but then it would become an issue with the installers if anything else goes wrong in future ?? Because it has already gone wrong I just want to wash my hands of the whole episode.

You're right, don't even try this. You're legally entitled to reject the whole product, you don't have to put up with attempted repairs.