Faulty laptop knowingly sold to me

MrSquirrelz

I’ve just been to Apple Genius Bar with my laptop I purchased 3 months from Facebook marketplace place to have it looked at.
The diagnosis isn’t looking good but more worryingly is that there is a note on their system that says the laptop was brought in two days before I bought it with the same symptoms and terminal diagnosis. They’ve since sent me an email with words to this effect.
The guy I bought it from seemed super legit and allowed me to sit and test the laptop in diagnostic mode over a cup of tea etc before buying so this is a shock to the system and now strongly suggests it was sold to me with a known fault.
I’ve since messaged the seller, first asking if the laptop had ever been taken in for repair, which was denied and then when I followed up with the information about the previous Apple inspection I didn’t get a reply.
Up until the inspection I’d been fully prepared to have to foot the bill for the sudden failure which only happened after 3 months of flawless use, and usually I’m of the understanding that second hand purchases fall in to the buyer beware category but this feels very off. Any advice appreciated.

visidigi

Don't see any consumer rights here with a private sale off a marketplace that worked fine for three months.

Alderbank

What does 'terminal diagnosis' mean?

Laptops, like people, are mortal. All die eventually.

No such thing as 'sold as seen', the private seller is legally bound by anything he states in the advert and also by any answers he gives to your questions before the sale which could influence whether you decide to buy or not.

If before purchase you had asked, 'Have you ever taken it in for repair?' and he said no, you could have had a case, claiming that you would not have bought a machine which had been in for repair.

Questions asked after 3 months of satisfactory use can't be said to have influenced your decision to buy.

By contrast, when you buy from a trader the Consumer Rights Act gives you additional implied rights such as that goods are of satisfactory quality. You don't get those with a private sale.

MrSquirrelz

Terminal diagnosis = needs a new main board

Thanks for the reply. Sounds like I don’t have a leg to stand on as I’ve been through messages prior to the sale and I didn’t ask whether it all worked satisfactorily, instead I visited and tested the laptop myself and it worked fine during that window. Sounds like a very expensive learning experience.

flaneurs_lobster

You visited the seller at their house?

Amazing chutzpah if they knew the laptop was on the fritz.

Ergates

Sounds like I don’t have a leg to stand

No, it's not that you don't have a leg to stand on, it's that you're not covered by consumer rights protections (as it's a private sale) - so it's a civil matter between you and the seller (i.e. you'd have to sue them).

If what you learned at the apple store (that the laptop had been taken in for diagnosis) is true then you could have a reasonable case. You don't have to have specifically asked about issues either - if the original advert says something like "good condition" or "full working order" when the seller knew there were issues, then that could be a breach of contract.

You might even have a case if they didn't say that but failed to mention they knew it had a serious issue - not sure on that though.

You could try sending them a letter before action - might jolt them some kind of negotiation.

Aylesbury_Duck

https://forums.moneysavingexpert.com/discussion/comment/82062849#Comment_82062849

That assumes it was the seller's house.

flaneurs_lobster

https://forums.moneysavingexpert.com/discussion/comment/82063219#Comment_82063219

Hence the question mark.

MrSquirrelz

https://forums.moneysavingexpert.com/discussion/comment/82063219#Comment_82063219

It was indeed the sellers house.

I've pondered the sellers motives for such a move and it really has twisted my melon.

The guy was introverted, had some level of social anxiety - by his own words, but was obviously comfortable and confident in his own home along with his girlfriend (who was the only one slightly standoffish the brief time she entered the room). He was very welcoming, had the laptop out ready for me and began a conversation about what I'd use the laptop for. I was offered a drink and made to feel at home. I was told I could take my time with looking over the laptop and he made no attempt to hurry me along. We talked about several mutual interests and at the end of a very reasonable interaction and thorough examination of the laptop said if I wanted to go away and think about it I could. There was no mention of anyone else interested in the item. He gave me his personal number and wanted to meet up at a local event as we share common interests in music. The price of the laptop was pretty average market value aside from how exceptionally tidy it seemed to be.

It feels like the premise of shifting the dodgy laptop was entirely rationalised somehow to him.

flaneurs_lobster

I think that you need to write a Letter Before Action, not one of the formal template jobs but a simple statement of the facts and that you think that taking action in the Small Claims Court would result in a judgement in your favour.

Make a reasonable offer of an amount to be deducted from the returned cash for the 3 months use you've had.

MrSquirrelz

https://forums.moneysavingexpert.com/discussion/comment/82062864#Comment_82062864

The original advert simply said - Only used a few times, Didn't get much use and no longer needed.

So it really all hinges on the fact that he knew there was an issue and didn't mention it.