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NSW Returning Pram Sold Privately After 6 Weeks?

Discussion in 'Other/General Law Forum' started by nads, 2 April 2015.

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  1. nads

    nads Member

    2 April 2015
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    We privately sold a baby pram 6 weeks ago with the money handed over. There was an understanding that she would see if it fitted her daughter's car in 2 weeks. There was nothing in writing. Without any other contact, she now wants to return it after 6 weeks, she dumped the item at our door, but we have returned it to her .She now denying the 2 weeks period. I am sorry if this sounds petty but we are in bankruptcy & the money after the 2 week period has been spent
    Do we have to take it back?
  2. AnnaLJ

    AnnaLJ Well-Known Member

    16 July 2014
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    Hi Nads

    Despite there being nothing in writing, what you have essentially entered into here is a private contract for the sale of goods.

    Of course when things are in writing it is easier to ensure both parties understand what the terms of sale are, however practically I can understand why many of us don't do this when it comes to on-selling our goods!

    Out of curiosity, how did the sale come about? For example, did you sell it via eBay, Gumtree or similar? In the absence of any written agreement between you and the buyer, there may be some terms that become applicable to the sale if you advertised or sold it via one of these sites.

    If this was purely a private sale and not advertised or sold via one of these sites then, again, it comes down to communication and words exchanged as to what terms may be applicable to the sale. From what you have said above, it sounds like your understanding of the terms were:

    - You agree to sell and purchaser agrees to purchase pram for $X
    - Finalisation of purchase conditional upon pram suiting purchaser's needs
    - 2 week timeframe for purchaser to terminate the purchase if it does not suit needs

    If she believes the terms were different, then it gets tricky as it is your word against hers. I think you have done the right thing by returning the item. If she wants to take this any further now, then I suspect she would need to make a claim with the Small Claims Tribunal in your state and it would likely be quite difficult for her to prove she had a case for a refund of her money.

    Please let us know if you have any further contact from her.

    Wish you all the best with this one,


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