Private sale: Goods not as represented

SplanK

Hello,

Some guidance needed on a private purcase of item which was later identified as faulty once I got home.


Item:
Private purchase of a used fish tank (other items included, but issue is with tank only)

Agreed value:
£120 for all items (tank + lights, filter, heater and tank cabinet)
Cash

Advertised as:
'great fish tank, only selling due to changing to larger tank'

Pre purchase discussion:
Confirmed that the tank was in 'excellent working order with no leaks'.

Collection:
I inspected the tank and it appeared to be in good order. Tank inside was dry on collection.

Tank was not moved prior to making the purchase and moving it into car. Again, seller confirmed good condition, indicating it was fit for purpose and of satisfactory quality for the age.

Tank was removed from stand; initially it appeared 'stuck' like it had not been moved in some time.

Tank was loaded into the boot of my car, protected from movement and driven carefully home. This is something I have done before with no issues.

After I get home:
I noticed that the underside of the tank was wet, and the underside paper backing had evidence of water being present and felt damp. Initially I thought this was due to cleaning/draining by the owner prior to selling.

Dried underside of tank using towel and air flow for a couple of hours.

Did a small fill and ensured bottom seals were completely submerged. Over 2 hours, evidence of leak appeared as water wicked along paper backing. Drained tank and inspected, water present on the plastic supporting frame.

Repeated the test with similar amount of water and left for 24 hours, water continued to wick along the backing paper indication this is more than old water being compressed out due to added weight.

Issue raised with seller:
Seller denies that the tank leaked before sale, but did admit that the tank had not moved in the 18 months they had it, and only moved when loaded into my car.

This suggests to me that they did not inspect the tank correctly before advising me that the tank was leak free. I feel due to this that they have, not maliciously, but due to their own failings in their own due diligence, incorrectly sold me the tank as leak free.

They are refusing refund (although I have yet to ask for a partial refund) so my option is to suck it up and learn from the experience, or consider small claims court (value of items, £120).

Can anybody give me further guidance on how I should approach this now?

My worry with small claims court is the additional cost, and trying to look at this objectively and attempting to remove emotion, whilst I have written messages from the seller of leak free and not moved in 18 months, they could throw in transport issues or movement once at my home and that I could have spotted the issue myself before leaving their home (essentialy buyer beware), however asking them to fill with water to inspect seems like a step thats beyond a reasonable request as the leak takes some time to present itself.?


Thanks

molerat

Risk the cost of a small claim based on "he said" over the cost of a tube of silicone ?

George_Michael

Was the tank advertised anywhere? and if so, what exactly did the advert state? and can you get a copy of the ad?

SplanK

molerat wrote: »

Risk the cost of a small claim based on "he said" over the cost of a tube of silicone ?

Thanks for your comment. Whilst I am more than happy to reseal a bath, sealing a tank requires a bit more precision than I am willing to risk.

There is a risk that if its leaking now, then the silicone holding the glass panels together are compromised and could split, leading to an escape of water of around 120L!

SplanK

George_Michael wrote: »

Was the tank advertised anywhere? and if so, what exactly did the advert state? and can you get a copy of the ad?

Exact wording of the advert


"Full set up... includes - Jebeo external filter, heater, gravel, lights.... great fish tank, only selling due to changing to a larger tank.

Collection only from <location>"


Included in the add were a number of pictures showing the equipment, with the tank in use, empty and equipment.


I specifically asked the question regarding leaks. They reponded "Excellent working order with no leaks...."


All of which indicated to me that the tank was of water tight condition.

shaun_from_Africa

If it was me, I would send them a letter before action (you'll find plenty of templates for this on Google) stating that unless you get a full refund, you will be pursuing them for the money through the small claims process and you will be adding the cost of the claim to the amount sought.
I wouldn't proceed with legal action but you may well find that the letter does the trick

forgotmyname

Moving it and loading it into and out of the car is likely to have flexed it slightly.

Its currently a small leak so seal inside and outside for good measure. Tube of fish safe sealant about £8 for a 300ml tube.

SplanK

^^ thanks.


Was given some advise by a shop who suggested whilst possible to re-seal, I should drain and check for any movment in the glass. I can push down on the bottom glass with a small amunt of effort and I can see that there is deflection in some areas. Whilst I understand that there will be some amount of flex, there is more in some areas (where I consider the leaks are now originating from) than others.


Last step I suppose is a posted letter, but looking at the potential costs of small claims court, seems a little pointless given it would be their word against ours and that a replacment new tank wont cost all that much more if I ended up on the wrong side of a decision.... then there is getting money out of them even if I win....

forgotmyname

Always a risk with fish tanks, ours started leaking when a mate clipped it with his bike. Not a heavy hit just caught it slightly with the handlebars.

Spotted a small damp spot, thought lid not shut properly and condensation dripped. But then it got worse. Then a mad rush to shift everything into a spare tank.

Used tanks are always a risk. Best tank ive had was one for display in a aquatics shop. Glass is over 8mm thick. Fairly thick for a small tank. Lots of bracing also, but not the best looking tank.

Built to last rather than look perfect.