Scottish law - bought a flat with faulty white goods

in Scotland
2 replies 143 views
maggiesoupmaggiesoup Forumite
743 Posts
Part of the Furniture 100 Posts
Can anyone advise the legal position please.  Son has just bought his first flat. Moved in last Friday only to discover fridge/freezer and dishwasher not working and/or damaged. Accord to a document called "Standard Conditions" which they received from their solicitors (which runs into 23 pages) it states that "the seller undertakes that any appliances ... will be in working order commensurate with age at date of settlement"
He got 5 working days to put in a claim, which he did.  This morning the seller's solicitors replied that "as far as their client was concerned, the appliances were in working condition when she left the flat" and will not enter into any further dialogue.
Any advice gratefully received.  Thankyou


  • missilemissile Forumite
    11.6K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Son should seek advice from his solicitor.
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home :iloveyou:
  • wolfehousewolfehouse Forumite
    1.4K Posts
    Part of the Furniture 1,000 Posts
    the key wording is ‘commensurate with age’. So if he bought the flat and the appliances were say 15 years old, they may have been at the end of their life anyway...
    (this is why When I sold I said I will leave appliances but they do not constitute a part of the sale).
    He could get his lawyer to write a letter to the sellers lawyer who will then charge his client to write another letter and ‘make it go away’. 
     Probably better to get a ‘new’ appliance off of a bartering site or similar I would think.
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