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Faulty laptop knowingly sold to me
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Sounds like a plan
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It hinges on the fact that he knew the laptop was about to fail, didn't mention it, and you have documented proof that he knew about the fault.
As others have said, you probably don't actually have a comeback in law since no false statements or descriptions have been made, but I'd still write the letter…..
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something about the fault feels a bit off
If the main board was diagnosed as terminal 3 months ago by Apple, then I don’t see how you would have gotten (up to now) flawless use out of it
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Presumably they didnt buy it brand new either?
How old was it? Did they give you any evidence of when they bought it?
For private sales the seller cannot intentionally deceive but they dont have the same obligation to disclose issues, much more onus is put on the buyer to ask the relevant questions because its a transaction between equals whereas when buying from a professional seller its an unbalanced relationship and hence the law requires them to make disclosures.
Im unclear whats really wrong with the device, I'd not expect a terminal issue to pass diagnostics and work reasonably well for 3 months and then suddenly die. Only thing I can really think of is something like a dry solder which can start as an occasional fail and deteriorate over time but that generally happens due to knocks/vibration etc and therefore could be argued that you've contributed to the problem plus not sure Apple's diagnostics would even pick it up
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It almost certainly doesn't "need a new board". That maybe Apple's easy fix and one they are prepared to guarantee. Very likely the board could be repaired at component level for minimal cost by an independent company. However that is also a gamble and given that it worked for three months how would you be confident that it was a permanent fix?
Also I an very surprised that Apple gave you so much information. Is that really in a form that would stand up in court as evidence? Arguably that should have been confidential between Apple and their client. They have no means of confirming what has or hasn't happened in the last three months.
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Also I an very surprised that Apple gave you so much information. Is that really in a form that would stand up in court as evidence? Arguably that should have been confidential between Apple and their client.
Think most commentators have concluded that this issue isn't going to court.
Interesting point about confidentiality. OP has taken laptop to Apple, they say "this laptop was looked at by us x months ago and we said it was iffy then".
They haven't said "John Smith of 17 Railway Cuttings brought it in", have they breached confidentiality?
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Yes, I think they have. I would be very surprised if this was their laid down policy. Probably just an employee being well intentioned but overstepping the mark.
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This is all I’ve had provided in writing so far.
The guy on the phone said that it had been diagnosed as requiring new board.The original Genius Bar rep that I spoke to in person did overstep as he mentioned names but at this point in time he was just trying to convince me that I’d been misled as he could see I didn’t believe the previous owner would do such a thing!
The date provide above does match up with being 2 days prior to me purchasing and a few days after me expressing interest in the item0 -
The date provide above does match up with being 2 days prior to me purchasing and a few days after me expressing interest in the item
So the guy's put it up for sale, then taken it to Apple, then flogged it to you?
Is that right? Odd thing to do.
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Saying "This laptop was brought into an Apple shop on X date" doesn't provide any identifiable information about a person so wouldn't be a confidentiality breach.
Also, bear in mind that if it came to court, it would be for a civil case where it's about balance of probability rather than "beyond all reasonable doubt".
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