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QLD Misled by Seller on Gumtree - What are My Rights?

Discussion in 'Australian Consumer Law Forum' started by Andrew Campbell, 19 September 2016.

  1. Andrew Campbell

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    I recently purchased a coilover suspension package privately on Gumtree. The part was advertised as "Coilovers Ve/Vf" as the title and the description of the item specifically specifies that the coilovers will fit a VE Holden Commodore and a VF Holden Commodore.

    I agreed to purchase the item on basis that the item as stated would suit my vehicle, a VE Holden Commodore. Upon picking up the item, the seller advised me that the item had been removed from this particular car in his driveway, and identified a VE Holden Commodore sedan. The parts are a universal fit on all VE Holden Commodores, so if they had been removed from that vehicle, they would certainly fit mine. On this advice from the seller, I paid for the item and took it home.

    Upon fitment of the item to my vehicle, it was found that the lower mounts on the front coilovers did not line up with the the mounts on my vehicle. I contacted the seller and he reassured me that they were definitely off a VE Commodore, so there was no reason for them not to fit.

    I contacted the manufacturer of the items and advised them of the mounting bracket measurements, and they advised me that the coilovers supplied were in fact to suit a VF Holden Commodore, which had a different lower mount to the VE, and most certainly would not have been fitted to a VE Commodore, so in fact the seller had supplied me an item that was not as described and verified by the seller misleadingly in respect to the vehicle that they were fitted to, and despite being aware that the items advertised would not suit a VE Commodore, and aware that I required them for a VE Commodore, supplied the items knowing they would not fit.

    When approaching the seller with the confirmation from the manufacturer that they did not suit my vehicle, and advising him that it was not possible to fit these items to a VE Commodore, and that he had misled me completely through deception that they came from the same model vehicle as mine, and asking him how he would like to proceed with the situation, I was advised that he could not take them back or offer a refund, and that I should just resell them.

    Do I have any rights under Australian Consumer Law in this situation?

    I have a witness to the entire conversation with the seller in relation to the purchase of the item and identification of the vehicle the parts were allegedly removed from, a copy of the original add for the item, and confirmation from the manufacturer that the item supplied would not fit the vehicle stated in the add by the seller.
     
  2. Rod

    Rod Well-Known Member

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    No. This is likely a private sale and not covered under the ACL.

    However you do have contract rights that are enforceable by going to court. From your post you appear to have a good case.

    Recommend you contact the seller again and say give me the refund or I'll see you in court and see if he changes his mind.

    You need to weigh up the effort of going to court, versus selling the item. Your choice.
     
    Andrew Campbell likes this.

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