QLD Australian Consumer Law - Do I Have to Take Goods Back?

[MeGooGoo]

Hi All.

Long story short:

I sold some goods privately through Facebook. The person agreed on the price, etc and a payment plan was agreed upon as it was a large sum of money (yes I know huge mistake!). Goods were picked up and the person was happy, paying over the initial payment of $4000 cash, total price agreed was $9000, with the balance being paid on the first of the next two months, $2500 each month.

Buyer has now said they do not have the money to pay and when hit with a letter of demand has consulted a solicitor with reply being they return the goods and I return the $4000, which was paid on June 1st. I sold the goods because I needed to pay bills, the $4000 has been used to do this and I do not have it to return. Legally do I have to take the goods back and return the money under Australian Consumer Law?

They are not faulty, etc, she is only wanting to return them because she claims she cannot pay the balance. Everything is fully documented, sale, dates, price etc and the goods were crafting supplies.

Any help would be appreciated.

Thank you

 

[Rob Legat - SBPL]

If the goods were crafting supplies, I'm not sure of the likelihood they could be returned in the same condition as when they were sold.

Since the sole problem with the goods is that the person cannot pay for them, there's no moral or legal obligation on you to rescind the contract (ie return the money and obtain the goods). You can insist on specific performance of the contract, which means they keep the good and pay you the money. That would mean you might need to sue them for the balance debt owing. QCAT is probably your best venue for that.