Sue him?
The item must be VERY expensive, as Gumtree deals go,
for it to make business/commercial/economic sense
to sue anyone over a Gumtree deal.
Unless you (the seller) is operating a business (lawyers say "operating in trade or commerce"),
then this is probably not an Australian Consumer Law question,
because it's not a transaction to which that law applies.
It seems more like a simple question of contract.
Basically, a deal, once done, is a deal.
In that sense, your husband had already sold the item to the first guy,
(even if the guy had not yet handed over the money) and,
on that basis, could not validly accept an offer from the "someone else".
The item must be VERY expensive, as Gumtree deals go,
for it to make business/commercial/economic sense
to sue anyone over a Gumtree deal.
Unless you (the seller) is operating a business (lawyers say "operating in trade or commerce"),
then this is probably not an Australian Consumer Law question,
because it's not a transaction to which that law applies.
It seems more like a simple question of contract.
Basically, a deal, once done, is a deal.
In that sense, your husband had already sold the item to the first guy,
(even if the guy had not yet handed over the money) and,
on that basis, could not validly accept an offer from the "someone else".
The issue is, according to Gumtree, they told us, the seller has the rights to change their mind, just like buyers do and accepting offers are not legally binding on their site as they are not an auction site. He could actually get a brand new item for the same price if he looked around. It is a privet sale. If Gumtree is wrong and it is legally binding they are also broke the law by advising me somethin that is not true. He also said he will call to talk about payment but that neve happened, just asked for the address. We have been through a few people saying they will come and buy something but than did not show up.
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