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

Tyler119

minicooper272 wrote: »

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.

Nothing in the OP suggests that the item is faulty. There is also nothing to suggest that the item in question was being sold as in good working order; which itself is a rather vague and difficult to judge statement.

r0wly86

Although the Consumer Protection Act does not apply, the Misrepresentation Act applies to all contracts even in private sellers/buyers.


A misrepresentation is a false statement made to eunduce a party to contract, on which that party reasonably relies upon.


If the seller said that the dryer was in good condition and the OP reasonably relied upon that when deciding to buy it, then it is a misrepresentation and the contract can be recinded

moneyistooshorttomention

r0wly86 wrote: »

Although the Consumer Protection Act does not apply, the Misrepresentation Act applies to all contracts even in private sellers/buyers.


A misrepresentation is a false statement made to eunduce a party to contract, on which that party reasonably relies upon.


If the seller said that the dryer was in good condition and the OP reasonably relied upon that when deciding to buy it, then it is a misrepresentation and the contract can be recinded

Absolutely:T

I knew this would be the position morally - but it's good to see it also is legally.

Tyler119

r0wly86 wrote: »

Although the Consumer Protection Act does not apply, the Misrepresentation Act applies to all contracts even in private sellers/buyers.


A misrepresentation is a false statement made to eunduce a party to contract, on which that party reasonably relies upon.


If the seller said that the dryer was in good condition and the OP reasonably relied upon that when deciding to buy it, then it is a misrepresentation and the contract can be recinded

I feel it is slightly more complicated here as the buyer was in the property and conceivably had ample opportunity to inspect said item.

The OP states that it is not as described, but does not put forth any further information. Indeed that information coupled with a photograph of said item would allow a more accurate deduction to be made about the issue.

There is simply not enough information to assume that the seller made a false statement concerning the condition.

We recently sold a complete baby travel system. We advertised it as used and in our opinion was not anywhere near a new condition. A buyer agreed to buy it, showed up and in stated that in their opinion it was of new condition.

The buyer proving they are the victim of misrepresentation would be quite difficult. Further it is something for a court to decide, not a purchaser who has changed their mind.

r0wly86

very true, we do not have enough information to give a full judgement, however the court's would not assume that the buyer of the hourse inspected the dryer.


Agreements to buy fittings comes at conveyancing stage and unlikely people buying a house would put much emphasis on inspecting white goods over looking at the house and fixtures that would likely come with the land.


Though in this situation it would be difficult to prove a misrepresentation it would also be almost impossible to prove there was a contract as well. Seeing as the only recourse would be on the small claims track, where you cannot claim for legal costs, any action taken would result in losses compared to the £50 gained for the dryer.


Your last sentance is just wrong though, if you saw an advert for a car and phoned up the seller and agreed to buy it based on the advert, you have enetered into a contract. When you go to actually exchange consideration and find out the car is nothing like the advert then you are under no obligation to buy.


You wouldn't have to buy it and then go to court to get a recission. If at the time in your opinion the car was not like the advert (which induced to buy the car) you can walk away as is your right.


The seller can try and go to court and get specific performance to compel you to buy, but as in the case with the dryer the claimant would have to prove on the balance of probabilities that the defendant unlawfully broke the contract. In my opinion on the balance of probabilities the court would side with the defendant especially if they acted reasonably and contacted the seller and explained the problem

robberbutton

£50 is a drop in the ocean when buying a house. Pay up for the tumble dryer, let it go, and make sure not to make the same mistake again.

happyinflorida

People who leave houses in a bad state are the dregs of society - tell them to either collect it within 7 days or you will give it away on "Freegle" or "Freecycle" as you don't want it.
As you hadn't seen it - I guess they said it was in a good condition? - then don't worry about not paying for it.
good luck

ThePants999

I'd say that you ought to pay, but they ought to have left the place clean.

What does "a tip" actually mean? If it's enough of a tip to have breached the "vacant possession" requirement, then I'd be offering the sellers a deal whereby they don't push for the £50, and in return you don't push for the costs you're about to incur (e.g. skip hire) for their breach of contract...

pollypenny

£50 is not much for a dryer. I'd let it go.

onlineo

Meh £50 for a house sale is neither here nor there. Going with a cheaper solicitor probably could have saved you more etc.

But If I thought I was misled I would say so and refuse to pay. If they said do you want the dryer for £50 and I had poked around it a bit but not looked at it and I said yes then I would probably still pay for it, unless it was faulty in which case you wouldn't know until you try it

You can always complain to them about the state of the house they left for you as a separate issue. I know people who buy houses only to get to sales day they find that the previous owner had painted round photos on the wall and round furniture so when you look at the walls they all need repainting as you cant possibly have the exact same photo frames or furniture.