WA Mislead purchase from Gumtree

Discussion in 'Australian Consumer Law Forum' started by Sylvie Seguin, 31 August 2018.

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  1. Sylvie Seguin

    Sylvie Seguin Member

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    Hi everyone,

    I purchased a washing machine off gumtree from a private seller. It was advertised as good working condition. Immediately when I used the machine for the first time, it was faulty (after which I contacted the seller asking for a refund with no response). I have since received a quote for repair and have contacted the seller again with no response. Do I have any rights as a consumer - especially considering that it was misleading in the advertisement?

    Thank you for your help and information!
     
  2. Tim W

    Tim W Lawyer
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    This is probably not a transaction to which the Australian Consumer Law applies.
    So no, you don't have the same kind of entitlements as if you'd bought it from a retailer.

    To succeed in, say, a small claims matter in contract, you'd have to show that,
    on the balance of probabilities the seller knew, or reasonably should have known,
    that there may have been a fault, even if they didn't understand (in technical terms) actually what that fault was.
    That can be difficult.
     
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  3. Sylvie Seguin

    Sylvie Seguin Member

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    OK....thank you for your reply and help.
     
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