Private Seller - Buyer Asking for Refund on Gumtree?

[Graham]

I sold an item via online, classified Gumtree and now the buyer is demanding a refund through a letter of demand. Can they just demand their money back under Australian Consumer Law because they changed their mind? I am private seller, not a store. There's no Gumtree refund policy.

 

[John R]

Hi Graham,

1. Did you sell the item using eBay, Gumtree or another service?
2. Is the customer/purchaser requesting a refund because they've changed their mind or is there another reason?

 

[Graham]

Hi john it was on gumtree , seller has given many different reasons , but did say they had bought another item else where and are saying in letter of damd that I agreed to refund if item was unsuitable ( I never did this )

 

[winston wolf]

http://www.consumerlaw.gov.au/content/the_acl/downloads/consumer_guarantees_guide.pdfHave a look here http://www.accc.gov.au/consumers/consumer-rights-guarantees/consumer-guarantees or
It should answer most of your questions.
This part may help you most.

Which goods are not covered?

bought from one-off sales by
private sellers, such as garage
sales and fêtes

Was this item new or used?

 

[Graham]

http://www.consumerlaw.gov.au/content/the_acl/downloads/consumer_guarantees_guide.pdfHave a look here http://www.accc.gov.au/consumers/consumer-rights-guarantees/consumer-guarantees or
It should answer most of your questions.
This part may help you most.

Which goods are not covered?

bought from one-off sales by
private sellers, such as garage
sales and fêtes

Was this item new or used?

Item was used , in
Letter of demand he states that we had an agreement that I would refund if unsuitable (I never said this).

 

[winston wolf]

How much was this?

 

[Graham]

How much was this?

Sold item for $900 + $80 delivery , also thank you for your assistance

 

[winston wolf]

So it will come down to your word against theirs.
I would guess it's their call to take you to small claims if they want.
Have you considered taking the item back if they pay shipping?
Are you both in the same state?

 

[Graham]

So it will come down to your word against theirs.
I would guess it's their call to take you to small claims if they want.
Have you considered taking the item back if they pay shipping?
Are you both in the same state?

No in different state , I sold the item to pay bills , so I wouldn't be able to afford to give the money back anyway . What I want to know is , is he legally able to demand his money back and how should I respond as his constant emails and phone calls are almost harassment

 

[Tim W]

If you are a private seller (that is, not selling "in trade of commerce"),
then the Australian Consumer Law probably does not apply to the transaction.
In which case, a deal, once done (fairly), is a deal.