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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70708
Experience:  Over 5 years in practice
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I bought a summer house ex-display for £2100 it was bought

Resolved Question:

I bought a summer house ex-display for £2100 it was bought as seen, it was in good condition when I inspected it with the sales rep. It was delivered and erected by the firm, when they left I found the building badly damaged there were splits to the timber chunks of timber knocked out in all there were 53 areas of considerable damage which were most certainly not there when purchased. After six weeks of corresponding with the firm they sent a workman who stuck the splits together and filled in the holes with woodfiller. He left paint and I was expected to rub down and paint all the affected areas. I bought the building because it was pressure treated and maintainance free. I told them I was not happy with this, they refuse to give me a new summerhouse but have offered a full refund but they collect the building. My concern is I spent two days clearing an area in my garden getting rid of a garden bench and plants, spent £4oo laying a foundation for the building so even though I will have my money back I am out of pocket and will have a big empty space in my garden. They have told me they will not compensate me for my losses. What do you think a fair outcome to this would be.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 3 years ago.

I want to know if I am entitled to compensation for the damaged caused. Or if I get a refund and the building is removed am I entitled to compensation for time effort in preparing for the building and the expence of laying foundations for the building.

Expert:  Jo C. replied 3 years ago.
I think the best result you could get would be for them to take it away and give you your money back.
It is most unlikely that you would get anything in respect of the empty foundations because you wanted a conservatory at a particular price which you are still able to do albeit not that particular one, and you do have the benefit of the foundations.
It is unlikely that the court would let you have the benefit of the foundations for any future product, paid for by the original company.
I know it may not seem like a benefit but that is the way the court could look at it.
This is one of those things unfortunately that the way the court looks at it is that any loss which is consequential must "be within the contemplation of the parties" and it must have been in the mind therefore of the people supplying the conservatory that if you did not have this one, you would not have one at all.
If you rip the foundations out completely and reinstated the garden as it was, I think you have a better chance of claiming for that loss but even so it is still risky.
I'm sorry if this answer is unfavourable for you.
Can I clarify anything for you?
Jo
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