WA Mislead purchase from Gumtree

[Sylvie Seguin]

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!

 

[Tim W]

Do I have any rights as a consumer - especially considering that it was misleading in the advertisement?

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.

 

[Sylvie Seguin]

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.

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