QLD Gumtree & Facebook marketplace scam issue

Discussion in 'Australian Consumer Law Forum' started by Gotboost, 2 July 2018.

  1. Gotboost

    Gotboost Active Member

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    I purchased a computer off Facebook marketplace. The seller is not returning my messages and mobile is disconnected. I think his profile is fake. After getting home with it, I found it was advertised on Gumtree but by a different person. So I spoke to the person on Gumtree and he said a guy left a deposit and did a bank transfer to him. The guy hasn't received the money transfer.

    What are the options under Australian Consumer Law?

    I don't want to lose the computer or my money. I paid for it. Neither of us know what to do about the situation.

    Help would be appreciated. Thanks
     
  2. Bill Murray

    Bill Murray Well-Known Member

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  3. Gotboost

    Gotboost Active Member

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    So do I need to worry about anything? I purchased it off the person who didn't send the final payment for it. So it's the original sellers responsibility to chase up final payment?
     
  4. Clancy

    Clancy Well-Known Member

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    Sounds about right.

    We are not talking about stolen goods here, we are talking about a situation where the first party was trusting to hand over the computer to the second party without receiving full payment, and that was their mistake, not your mistake, it's their mistake, they have to pay the price for it, not you.
     
  5. Gotboost

    Gotboost Active Member

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    But if the first seller reports it stolen or something, wouldn't I get in trouble for buying stolen goods?
     
  6. Clancy

    Clancy Well-Known Member

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    No. The fact that you found the item advertised for sale by the other party is pretty solid evidence, if they tried to change their story and say it was stolen. (keep a copy of that ad just in case)
     
  7. Gotboost

    Gotboost Active Member

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    Yeah. I only brought it to swap some parts out and then to resell it. But the original seller has his ad up still so can't really put up the identical system. Will make me look bad.
     
  8. Gotboost

    Gotboost Active Member

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    So just to clarify. Since the original seller took a deposit and handed the computer over. Then the buyer sold it to me. The original seller has to chase the buyer for payment and can't report it stolen?
     
  9. Clancy

    Clancy Well-Known Member

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    Sounds rite to me. They cannot report it stolen since the intermediary took possession of the item with their permission.

    Under normal circumstances, you do not hand an item over with just a deposit in hand. The purpose of the deposit is to close the sale, nothing more. They chose to hand the item over with just the deposit, that was unwise of them, again, not your problem, not your fault.
     
  10. Gotboost

    Gotboost Active Member

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    Ok. By the looks of it, the buyer, the person I got it off, may have made a fake money transfer receipt and sent it to the original seller.

    I've tried contacting the person I got it off, but he has deleted the Facebook account and the number is disconnected. I don't want to lose the computer. I have $1200 invested in it.
     
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