Kitchen not as described

Soledad

In a situation where a kitchen as been sold as solid walnut but turns out to be solid lime wood painted a walnut colour where does the purchaser stand.

What would be the first step to take.

Assuming the purchaser agreed to pay 16k for solid walnut and lime wood would aactually cost half the price.

Can a person legally offer to pay half the price for the kitchen.

Hobart

Your first step should be to talk to the supplier of the kitchen. There actually may have been a mix up from what you ordered versus what he delivered. If you get no satisfaction, talk to a solicitor and pursue a claim against the supplier.

Thirdfox

Sale of Goods and Supply of Services Act 19(84?)

Goods must be of the description given to you - if not, repair/return/refund.

One could probably go to the small claims court rather than get solicitors involved...

Soledad

Assuming you wanted to keep the kitchen and were happy to accept it but not happy to pay the price for solid walnut when you did not receieve solid walnut would it be acceptable to offer less than the full asking price as agreed when you signed up to receive solid walnut.
I beleive the kitchen is worth half the price of a solid walnut kitchen where would I stand legally if I were to offer him half the price.

hullaballoo

The correct citation for the act that covers this is the Sale of Goods Act 1893 as amended by the Sale of Goods and Supply of Services Act 1980. I just happen to be studying it at the moment.

Lplated

Most cost effective and least risky way is to approach supplier directly yourself.
Second is to do it through legal channels - assuming you are right in your contention (i.e. that you were supplied something of less value than you contracted for), there should be no risk this way either, as he is in the wrong he would have to cover your legal costs.

Re suggestion that go to small claims court - value of case is beyond it's jurisdiction.

By way posts written - seems that you already have the kitchen, but you haven't paid him the money. (Right?). Why not approach him and negotiate, if you can't agree, do nothing. Let him take the case.

hullaballoo

Be careful not to let this topic denegrate into the seeking and giving of legal advice. The OP has highlighted legal aspects for discussion, it is not acceptable to either seek or give legal advice on this forum without proper clauses mitigating liability.

dermot_sheehan

A material breach of contract makes the contract voidable by the party not in breach.

Soledad

The matter has been resolved.