Gumtree buyer changed his mind and wants a refund

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Katie_28

Member
26 April 2019
2
0
1
Hello, I sold a lounge set yesterday. Relatively smooth transaction until the person took the items and then realised it was too big for his unit and he wouldn’t be able to get it in the lifts or stairs. He called and said he wanted a refund and would be coming back with the lounge set to discuss. We said unfortunately we are unable to accept as we had purchased a replacement set already. He was insisting that he has now lost money because this couch is useless to him. He hung around trying to convince us to give him his money back and then it changed to some of his money back to compensate for his loss etc we refused and explained our side. He eventually left, very unhappy. My question is, is he entitled to a refund in this case? He told us to try to resell it, but as far as we’re concerned it’s his property now and he should have done is due diligence before making the purchase. Im sure any other seller wouldn’t even take the time to discuss this issue as it should be done and dusted. Please advise. Thank you.
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
2,452
514
2,894
Gold Coast, Queensland
lawtap.com
'Change of mind' isn't a valid reason for a return in a commercial transaction, let alone a private one. If he was concerned about the fit, then he should have raised it with you before buying and sought your agreement to return it should it prove too large.

Without that discussion, there's no way you could have known he would have faced that problem. And he would absolutely have been aware (and therefore should have taken more care).
 

Katie_28

Member
26 April 2019
2
0
1
'Change of mind' isn't a valid reason for a return in a commercial transaction, let alone a private one. If he was concerned about the fit, then he should have raised it with you before buying and sought your agreement to return it should it prove too large.

Without that discussion, there's no way you could have known he would have faced that problem. And he would absolutely have been aware (and therefore should have taken more care).


Thank you very much for your reply, much appreciated