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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12195
Experience:  30 years as a practising solicitor.
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I bought an aquarium from a private seller through social

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I bought an aquarium from a private seller through social media. When I got it home it wasn’t as it was described and it was faulty, in fact dangerous. It was described as LED lighting when in fact it was the older style fluorescent tubes. The previous owner had also cut the wires to a sealed lighting unit in the fish tank exposing it water and causing the fuses to constantly blow. The seller refuses to take the fish tank back and refund me. Do I have a case for the small claims court?
Assistant: Where are you located? It matters because laws vary by location.
Customer: I’m in Orkney
Assistant: Has anything been filed or reported?
Customer: Not yet
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: No thanks

Thanks for your question. I am a solicitor in Scotland. Where something is bought from a private seller, the buyer has no rights under the sale of goods or consumer legislation. The only right the buyer has is to sue for misrepresentation. So you can sue in the Simple Procedure Court for any loss suffered by you for statement made by the seller which were untrue to the extent that you wouldn’t have bought the product had these statement not been made. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 4 months ago.
Thanks that’s ver clear and helpful

Thank you. Don’t forget to leave a positive rating on the system so that just answer credit me for my time.

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