Buyer claiming goods are faulty

scuffy

Hi

If there are posts that already refer to this situation, please direct me.

I sold a wine cooler fridge on FB market place. 

Description was,  good-like new
It was in fully working order and was being used prior to selling
Buyers collected item in horse box, tilting the fridge to get it in
Buyers have said the fridge isn’t working, they plugged it straight in when they got it home, not letting it settle first
They want a refund
They are saying that they are having it checked by an engineer to establish the fault
They did not ask to see it working before they paid and took it

Any advice greatly appreciated 

thank you

Mark_d

You know that the fridge was working before you sold it, and the buyer had the opportunity to see it working.  The buyer potentially damaged the fridge by tilting it and then using it before allowing the fluids to settle.

What the buyer did could cause blockages in the pipework.  Possibly even problems with the pump, due to oil being out of place.

Whilst the buyer might be able to prove that the fridge is not working now, based on the above I don't think they'd be able to bring a successful court claim against you.

screech_78

Ignore them. It’s a private sale so they have no comeback. As long as you were honest in how you described it. 

Aylesbury_Duck

I agree.  Ignore them.  It's up to them to prove it's faulty and that it was faulty when you sold it and withheld that from them.

the_lunatic_is_in_my_head

Hello OP

Whilst generally there's little come back for a buyer with a private sale "like new" is obviously different to not working. 

If they get an inspection that confirms some kind of fault they couldn't have caused you might wish to considered whether they are likely to chase the matter further. 

Ultimately it's small claims for everything where an agreement can't be met and as they'd be making the claim the burden of proof (on the balance of probability i.e 50/50) sits with them so really wait and see what they say next, then pop back for more advice.  

scuffy

Further to my original post.  The buyer has come back saying that it was recently repaired and has sent a photo of a part with a date on.  It has not been repaired or even looked at by an engineer while I owned it.  Can anyone explain what the date means please?

Aylesbury_Duck

That could be anything.  Manufacturing date?  Quality control date?  Date when it needs PAT testing if in a commercial environment?

Ignore them.  Don't reply at all, to do so just encourages dialogue.  If you're certain you advertised it genuinely and didn't know of this supposed fault, they have no right to anything.

Okell

Who knows what the date means?  It could be anything.

And even if it was repaired on 12 March 2024, so what?

So long as you are satisfied that you described the fridge honestly and that it was working when you sold it just ignore them.

It'll only become a problem if - and I stress "if" - they send you a formal Letter Before Claim and actually follow it up by issuing a court claim against you.  That you can't ignore.

Skiddaw1

I'd put even money on them having form for this sort of thing.

OP, I'm with the others- ignore unless you recieve a LBC.

Jumblebumble

scuffy said:

Further to my original post.  The buyer has come back saying that it was recently repaired and has sent a photo of a part with a date on.  It has not been repaired or even looked at by an engineer while I owned it.  Can anyone explain what the date means please?

I woudl hazard a guess it was manufactured  on 24 March 2012 

sheramber

It is unlikely that a replacement part would be dated with date it was used to replace a faulty part.

Likewise , it is unlikely a part produced in March 2024 would already have been  used for a repair.

Embraco are a Brazilian company which use American system for recording a date. Year is first.So  manufactured 2012.