Scottish law - bought a flat with faulty white goods 11 December 2020 at 2:33PM in Scotland 2 replies 143 views

maggiesoup

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

missile

Son should seek advice from his solicitor.

wolfehouse

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.