Money Moral Dilemma: Should we pay for the dodgy dryer?

Tyler119

WaspishQueenB wrote: »

Also has to be: as described; fit for purpose; and last a reasonable period of time.
A tumble drier on it's last legs is likely to fulfill the last two criteria and unless they told you it was knackered, hence the reduced price, it's neither "as described".
Breaching those terms renders the contract void, so I would politely tell them to take a hike.

We have not been told it is on its last legs. For all we know it could just be dirty and discoloured on the outside.

From the OP there is no evidence that the seller did anything to void a contract.

For example you can buy the follow

http://www.ebay.co.uk/itm/indesit-tumble-dryer-/192092428295?hash=item2cb999d807:g:VwUAAOSwopRYkH4z

This is only forty five pounds and yes, for me, I would not want this in my house due to the outside condition. However it will still be fit for purpose and is sold as used condition. If I agreed to purchase it without seeing it first, then bad luck for me.

sparky130a

I have to say, if you missed the state of the dryer when viewing what else did you miss that maybe of far more importance...?

meknowalot-51

If it works then you should pay up,the fact,as you say,you didn't see the dryer is not their problem.You agreed to pay £50 for it so pay up and next time you give your word to someone make sure you know exactly what it is your buying.For you not to see this dryer in or around the house that you've bought leaves just one question,"Where was/is it?"

Ithaca

Realistically are the vendors going to take you to court over £50? Even a snotty letter from a solicitor will cost them a good chunk of that.

edinburgher

Is this supposed to be a real question from an actual person, or a hypothetical?

You've just bought a house from the vendors - who cares about a £50 dryer? You'll spend that on takeaway by the time you've got the place cleaned up

moneyistooshorttomention

Treat it the same as any other goods you bought (eg an item bought from a shop).

Therefore tell the seller of the goods that it doesnt match the description and that you don't wish to purchase it after all. Ask them to contact you to arrange a mutually convenient time for them to collect it.

I expect they won't bother to collect it anyway - for the sake of just £50. They sound as if they're lazy - judging by the condition they left the house in.

If they do decide to come and collect it - then you do exactly that, ie tell them when it's convenient for you and you then leave it somewhere suitable for them to fetch (eg under a carport or similar - to protect it from the weather - if possible).

If they don't turn up to collect it after all - then one quick reminder phonecall. In that you give them to the end of the week to collect it and tell them that you will arrange for the Council to collect it if they don't turn up.

If they don't turn up - then you do arrange with the Council to collect it. Still cheaper than £50 for nothing.

minicooper272

Tough one – I’m going to take a stab in the dark that this was either part of a “white goods” agreement, or that they offered you the tumble drier, and you accepted. Either way, I’d probably be inclined to just ask your solicitor if you’re speaking to them at all. I doubt they’d charge for such a quick question.

As far as I’m aware though, the contract for that tumble drier hasn’t been fulfilled until you have handed the money over, and you can break that contract up until that point. Tell them you’re sorry, but now you’ve had time to inspect it, you realise it’s faulty and the agreement was based on an understanding that the goods would be in good working order. You would have the same comeback if you offered to buy something via Gumtree, but turned up to collect it and found it was faulty. I think you would be obliged to drive the tumble drier to their new house though.

tallgirld

No you shouldn't just pay. Tell them to come and collect their junk or it will be disposed of in 28 days!

Tyler119

moneyistooshorttomention wrote: »

Treat it the same as any other goods you bought (eg an item bought from a shop).

Therefore tell the seller of the goods that it doesnt match the description and that you don't wish to purchase it after all. Ask them to conttact you to arrange a mutually convenient time for them to collect it.

This is wrong. It was a purchase agreement from a private seller. Rights when purchasing from a retailer are vastly different. In fact the private seller is under no obligation to point out issues with the item. It is up to the buyer to inspect it fully before purchasing.

The OP should pay up and if they wish to, recover the cost through the courts.

r0wly86

If the seller described the condition, and based on that you agreed to buy it, this would constitute a misrepresentation, as the seller knew of the actual condition this would even be considered fraudulent misrepresentation.


You are under no obligation to pay for it now, so they are still the legal owners so you need to let them know that you will not purchase it due to the misrepresentation and they need to come remove it, within a reasonable time scale after which you will scrap it