Private Seller - Buyer Asking for Refund on Gumtree?

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Graham

Active Member
4 May 2014
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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

Well-Known Member
14 April 2014
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2,394
Sydney
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

Active Member
4 May 2014
6
0
31
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

Well-Known Member
21 April 2014
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Adelaide
changefpa.com.au
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Graham

Active Member
4 May 2014
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31
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

Well-Known Member
21 April 2014
424
115
894
Adelaide
changefpa.com.au
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

Active Member
4 May 2014
6
0
31
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

Lawyer
LawTap Verified
28 April 2014
4,083
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2,894
Sydney
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.