Scottish law - bought a flat with faulty white goods

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. According 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" .  They are definitely not working, hence presumably the 5 days in which she can get her contractor out to check but she will not enter into any further dialogue

Any advice gratefully received.  Thankyou

peter_the_piper

Not being rude but has he checked the fuses etc , for 1 to go wrong-normal, for 2 less likely.

maggiesoup

No it's definitely not that.  The temperature of the fridge isn't right so food would go off, all 4 baskets in the freezer are smashed and the dishwasher light comes on but it doesn't work.  The whole flat needed a good clean too, but he just bought some Marigolds. But these two main white goods not working was beyond the pale. 

68ComebackSpecial

How old are the appliances? Doesn't sound like they were ever going to be other than close to the end of their expected life. Any compensation would be for a like for like replacement e.g. the value of a 6 year old fridge freezer, rather than a new one. It's likely to be peanuts - I purchased a used freezer from eBay to use for school PTA - it cost a colossal £25.

maggiesoup

Appreciate what you're saying but it just seems so unjust.  There's only so much you can take in when doing a 10 minute viewing and to be fair I don't think I've ever looked inside someone's fridge freezer when viewing to buy.   Main query is why does the law allow 5 working days to put in a claim and then totally disregard it when one does so.

davidmcn

This is really a house-buying query rather than consumer rights.

As above, probably not worthwhile pursuing given what second-hand appliances are worth even if they are working. Note standard condition 26 i.e. his claim would need to be over £400 anyway.

davidmcn

maggiesoup said:

Appreciate what you're saying but it just seems so unjust.  There's only so much you can take in when doing a 10 minute viewing and to be fair I don't think I've ever looked inside someone's fridge freezer when viewing to buy.   Main query is why does the law allow 5 working days to put in a claim and then totally disregard it when one does so.

It's not "the law" so much as what the parties agreed to in the contract. Really a waste of money and stress trying to pursue things at this level, I'm sure he can pick second hand replacements cheaply enough if he wants to.

Flight3287462

Most items such as this will either be in the particulars for sale or are sorted out by private treaty.  If not then the seller probably decided the fridge/freezer was old and they would just leave it.  Which was it?

Uptown_Boy

Are these "fitted" appliances rather than free-standing?

maggiesoup

The two items are integrated. She claims they were sold as seen but how can you tell if something is not working (dishwasher & fridge blockage) at a viewing?

davidmcn

maggiesoup said:

how can you tell if something is not working (dishwasher & fridge blockage) at a viewing?

By asking them to demonstrate the items working while you're there?