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NSW Buyer Pulled Apart Product then Demands Refund - Australian Consumer Law Rights?

Discussion in 'Australian Consumer Law Forum' started by Jody87, 4 December 2015.

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  1. Jody87

    Jody87 Member

    4 December 2015
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    Hi, I have recently sold an outboard boat motor on gumtree. I identified the problems with boat motor in the gumtree ad so the buyer would be aware what parts need replacing prior to purchasing. A buyer has purchased motor, which I kindly delivered to them which was out of my way free of charge. Only to now have them send me rude messages I put misleading information in the ad and that there are more problems and parts broken than what I declared in the ad.

    Now I know this is untrue as I checked it over. The buyer has sent me pictures of the motor pulled apart showing the so called other parts that are supposedly broken. Now it's hard to be sure if these were the original parts that were already in the motor or they have swapped them or if the buyer may of broken these parts whilst they were pulling motor apart after purchasing.

    So I am unsure what to do as I am sure that these parts were not broken when I sold it. The buyer is threatening legal action if I do not give them a refund, but I do not think a refund is a fair deal as they have pulled the motor apart and looks to have damaged parts that I know were not broken to start with. So what are my rights under Australian Consumer Law in regards to this situation?

  2. Rod

    Rod Well-Known Member

    27 May 2014
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    The onus is on them to prove their case. Maybe wait to see what they do next. You could send something back, in writing or course, asking what they suggest should happen keeping in mind that they have pulled the motor apart.

    Have they pulled apart more than they should have to replace the parts you knew were broken?

    Make sure you keep a record of the ad and all correspondence with the buyer.

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