Do I pay ?

vikings2012

Hi all,

I bought a secondhand fertilizer spreader for €1000. I noticed some fertilizer was leaking onto the base and that there was an infrequent grinding nice.

Anyway, I brought it back to the seller who happens to be a mechanic. On the phone he said he would be able to sort it out.

Will he expect me to pay for him fixing it or should I be entitled from him to fix it for free giving the fact it sold it to me in the first place ?

Thanks

Dunedin

vikings2012 wrote: »

Hi all,

I bought a secondhand fertilizer spreader for €1000. I noticed some fertilizer was leaking onto the base and that there was an infrequent grinding nice.

Anyway, I brought it back to the seller who happens to be a mechanic. On the phone he said he would be able to sort it out.

Will he expect me to pay for him fixing it or should I be entitled from him to fix it for free giving the fact it sold it to me in the first place ?

Thanks

What was the deal when you bought it?
How long have you it?

If you have it a very short time and he can fix it without any parts i.e. his labour only then I’d expect him to cover it.

If he sold it ‘sold as seen’ and it was a while since the sale then you would be probably the payer!!

However in the absence of any formal agreement/guarantee and, assuming you got it reasonably recent so you might have to cover any parts and him the labour which would be fair enough for both sides.

vikings2012

Dunedin wrote: »

What was the deal when you bought it?
How long have you it?

If you have it a very short time and he can fix it without any parts i.e. his labour only then I’d expect him to cover it.

If he sold it ‘sold as seen’ and it was a while since the sale then you would be probably the payer!!

However in the absence of any formal agreement/guarantee and, assuming you got it reasonably recent so you might have to cover any parts and him the labour which would be fair enough for both sides.

I bought it just before Covid (March). I couldn’t return due to restrictions. Once restrictions lifted, I brought it to him to fix.

He operates as a company and I received an invoice/receipt.

punisher5112

Well it should have been in correct working order.

If you have proof you made contact within the few days of buying it then it should be sorted.

Say my name

punisher5112 wrote: »

Well it should have been in correct working order.

If you have proof you made contact within the few days of buying it then it should be sorted.

It depends on what the seller said when the deal was being done and if how they described it's working order.

For €1000 I doubt it's a new working machine. So it depends on the buyers observations and how the seller described It's working order if they did and now hence after the sale the goodwill of the seller.

If it was a machine for example in an auction. There'd be no comeback unless it's working condition was stated and even then it could be dodgy.

orm0nd

if it's not fit for it's intended purpose he's required to repair it or failing to do so take it back and refund you.

lakill Farm

as the invoice/receipt marked " sold as seen" or "trade sale"

_Brian

orm0nd wrote: »

if it's not fit for it's intended purpose he's required to repair it or failing to do so take it back and refund you.

But what if it was sold with an obvious defect.

Buying second hand goods is buyer beware. I’m sure the seller will sort it out but technically I think he can let it go too. Same with second hand cars. Unless a specific contract giving a warranty or guarantee of working condition it’s a good will gesture to repair.

punisher5112

_Brian wrote: »

But what if it was sold with an obvious defect.

Buying second hand goods is buyer beware. I’m sure the seller will sort it out but technically I think he can let it go too. Same with second hand cars. Unless a specific contract giving a warranty or guarantee of working condition it’s a good will gesture to repair.

You have rights if they're a dealer.

It's not the case of bought off an ordinary citizen.

lakill Farm

punisher5112 wrote: »

You have rights if they're a dealer.

It's not the case of bought off an ordinary citizen.

not if sold trade sale or sold as seen

punisher5112

lakill Farm wrote: »

not if sold trade sale or sold as seen

Not true, dealer can't sell something defective and you will win your case at small claims.

cute geoge

I bought a s/h cattle trailer off my agri contractor 2 years ago .On the 2nd time using it a cow put her foot trough floor and talk about the fun getting it out .Anyway getting back to the man i bought it off I complain to him and all he says it get a sheet of flooring in his name and I should be able to fix it up myself .I pay him well enough for every thing he does for me ,am i wronging him if I return the trailer to him and demand my money back >He obviously knew the trailer was dodgy as he had 9x3 timber wedged in floor .The trailer needs a new floor but I did not cop that until animal put her foot trough it .The trailer is lying up since and I am thinking of changing my contractor anyway

Dunedin

cute geoge wrote: »

.The trailer is lying up since and I am thinking of changing my contractor anyway

Only thinking of changing???? - I’d be long gone if my fella did anything like that to me.

lakill Farm

cute geoge wrote: »

I bought a s/h cattle trailer off my agri contractor 2 years ago .On the 2nd time using it a cow put her foot trough floor and talk about the fun getting it out .Anyway getting back to the man i bought it off I complain to him and all he says it get a sheet of flooring in his name and I should be able to fix it up myself .I pay him well enough for every thing he does for me ,am i wronging him if I return the trailer to him and demand my money back >He obviously knew the trailer was dodgy as he had 9x3 timber wedged in floor .The trailer needs a new floor but I did not cop that until animal put her foot trough it .The trailer is lying up since and I am thinking of changing my contractor anyway

why did you not check the trailer before buying it ?

BENDYBINN

cute geoge wrote: »

I bought a s/h cattle trailer off my agri contractor 2 years ago .On the 2nd time using it a cow put her foot trough floor and talk about the fun getting it out .Anyway getting back to the man i bought it off I complain to him and all he says it get a sheet of flooring in his name and I should be able to fix it up myself .I pay him well enough for every thing he does for me ,am i wronging him if I return the trailer to him and demand my money back >He obviously knew the trailer was dodgy as he had 9x3 timber wedged in floor .The trailer needs a new floor but I did not cop that until animal put her foot trough it .The trailer is lying up since and I am thinking of changing my contractor anyway

All depends on the price.........if you bought it cheap then you got what you paid for!

cute geoge

BENDYBINN wrote: »

All depends on the price.........if you bought it cheap then you got what you paid for!

He asked me if I wanted to buy the trailer as I had borrowed it before .It was reasonable price but would end up a v. expensive by the time floor and other bits were sorted .I did not examine the trailer before I paid for it because it was stored in the back of a shed .If I knew the problem with floor .I would have left it where it was .Bad form in my book but I owe him for 1st cut this year so the joke is not going to be on me!!!