WA Gumtree Dud Iphone Purchase

Discussion in 'Australian Consumer Law Forum' started by Yvette Ann Maher, 7 February 2018.

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  1. Yvette Ann Maher

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    Hi,
    I'm hoping you can help me.
    I bought an I-phone 6 & security case for $300.00 cash off a seller on Gumtree.
    As I am not tech savvy, I brought my neighbour's teenage daughter with me to look at the phone.
    Before going, via email I asked about the phone's condition, if it was unlocked, how many users & it's condition.
    The seller told me it was 2 years old, unlocked & he was the only user.
    When I arrived to look at the phone, I asked if there was anything I should know about the phone, any issues. He said it was in perfect working condition, he may have dropped it once but was only selling as he got a new upgrade with his plan.
    I paid the phone & left in a drawer as I had a busy weekend ahead. On Monday morning I brought it to a local iphone store to upload my i-cloud information, I explained I had just bought in on Gumtree on the Saturday. The guy in the store ran a test on it, testing the battery first, he said it came back "with a weird message he had never seen before". He then did a further test & said that the screen had been replaced, not by an iphone store but this was fairly common. What was uncommon ,was there was tape & rust along the inside of the phone suggesting it had been water damaged at some point. They quoted me $420 to repair the phone but wouldn't guarantee it as it had already been internally damaged. As I haven't uploaded it, I can't say if it works or not but it does turn on & stay on. That said, I don't want to pay $300 now & end up having to pay another $400 down the track for a second hand phone. I emailed the seller last night, explaining the above & asked for my money back. I didn't get a response. I went to his house tonight & with much profanity from him & then his mother I was told I wasn't getting my money back, the phone was working when I left with it (which it still is) & they closed the door on my face. I believe he was totally aware he was selling me a dud. Do I have any legal comeback?? Thanks for your time & help, Yvette
     
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