NSW Accused of Selling Faulty Gearbox on Gumtree?

[John D93]

Hi guys,

I have sold a Manual Gearbox from my car on Gumtree which had been in an accident awhile ago. The engine and gearbox worked fine after the accident, even when it got towed to my house and driven into my driveway.

Now the buyer, who has came and inspected the gearbox, he told me he was a mechanic for 7 years. Now I'm no mechanic so I can't take apart the gearbox, so he implied to do so the next day with his own tools came back and took it off himself. I sold it to him about 3 days later, he puts it in his car and now he came back and said I sold him a faulty gearbox.

I have people who know that the gearbox was working perfectly when I sold it to him. He came back to my house demanding I give him the money back or else.

What are my rights to this?

Thanks guys

 

[Lance]

Gumtree terms and conditions allow Gumtree to wash their hands of it. It could depend on the ad. It is reasonable to assume that if you are selling parts from a wreck they are sold as is. He claims to be a motor mechanic so not only did you give him adequate time and access to inspect it, he also had additional time while removing the item.

Additionally you would have grounds to argue that he caused the damage whilst removing and installing the gear box. You have a choice. Either give him his money back and be done with it, or refuse and run the risk of him taking you to court.

While I haven't seen how you advertised the gear box, I don't feel he would win, based on the fact that you sold a second hand part which is generally sold 'as is' buyer beware. I would expect a motor mechanic to know that.