WA False Description of Sale on Gumtree - Small Claims Court?

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Joanne Davis

Member
31 January 2017
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Hi,

I recently purchased 8 tyeares for my truck from Victoria. I had a lot of communication with the guy selling them. He had a property in VIC where the tyeares were and he sent me photos of all the tyeares and the tread and the dot ages, etc. And they all looked in really good condition.

The 7 tyeares were dot age 2010 and the 8th one was dot age 2013. He stated they have been stored inside since he bought them as spares a couple of years back.

I purchased the tyeares as a bulk lot for $1900 and paid $800 in freight to get them to me.

The tyeares that arrived were considerable different then the tyeares described and photographed, they were much older the dot years were ranging from 2006 to 2008, too old to be any good on a truck, two had massive red paint x allover them this is normal procedure for stating this has a sidewall puncture do not use, the rest had numerous problems chances out of the tyeares down to the banding, sidewall cracks, and were all losing rubber due to long term storage in the sun.

I know I am a such a fool to buy from the Gumtree site unseen, but all the photos look good. He also made me feel more comfortable about the sale, because when we were talking about freight he gave me some freight slips for companies that come to WA that he had sent tyeares in the pass one was for 22 similar tyeares.

Anyway now there is only one tyeare worth keeping. The rest I will have to pay to dispose of onto of the loss I have already sustained.

I have contacted him but his manner has changed from nice and helpful to pretty much get lost.

Can I do anything? I have all the communications and photos and we discussed the dot age of the tyeares a few times and he always stated 2010 and the tyeares are just rubbish and as he sells so many tyeares he would be well aware of big red x means sidewall puncture, Do Not Use.

Maybe small claims court or something.

Any help would be appreciated.

Cheers
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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Send a demand letter and if he does nothing, call SAT to see if you can start a case against him.