VIC Australian Consumer Law - Entitled to Refund from Gumtree Private Seller?

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KikixSummers

Member
4 February 2016
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I recently bought a tv from gumtree with the purpose of using it with my computer which was having display problems. I was unable to bring the computer with me to test so I asked the seller to confirm in a text that there was both a remote and that both HDMI ports worked.

Rookie mistake, I know. After I got home, I tested the tv with two different computers and two different cables to make sure nothing was wrong on my end but could not get either port working.

I've contacted him asking for a refund but he refused. Do I have any rights under Australian Consumer Law to demand a refund because he advertised the ports to be working on his and also confirmed it in the text message?
 

Rod

Lawyer
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27 May 2014
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No, sounds like this is a private sale and the ACL doesn't apply.

You can sue under common law because he gave false information.
 

Wiggins

Well-Known Member
4 February 2016
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