Q: A few months ago, I moved to a new house which was sold to me fully furnished. Some of the kitchen appliances are still under warranty.

Recently the fridge developed a fault. When I contacted the seller to inform him about the problem, I was told that the warranty cannot be transferred to a new owner and therefore I am not entitled to claim a free remedy.

Is what the seller told me true? What are my legal rights in this situation?

A: If the defective appliance is still covered by the two-year legal protection, and you are in possession of the proof of purchase, then you may claim a free repair or replacement as provided in the sale of good regulations under the consumer affairs act.

On the other hand, if the fridge has been purchased more than two years ago but is still covered by a valid commercial guarantee, your right to a free remedy depends on whether the commercial guarantee is transferable or not.

If one of the terms and conditions in the guarantee’s document clearly states that the guarantee is not transferable, then the seller may refuse your request to a free remedy. If, however, there are no clauses in the guarantee’s document indicating that the guarantee is not transferable, then the seller cannot refuse to provide you with a suitable remedy.

In this case you will need to make your complaint with the seller in writing and if your request is denied you may then lodge a formal complaint with the Office for Consumer Affairs.

Have a query of your own? E-mail the MCCAA