VIC Sold a horse float privately 4 weeks ago, now they want a refund?

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MrRamon

Member
28 September 2023
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I sold a horse float a month ago (they paid cash) now she has texted me saying that she has had it checked over and it has significant rust and is unsafe. She said she wants to arrange to bring it back because it is unfit for the purpose it was sold for.
My question is, what is my legal responsibilty? I used it for a few years and it was fine, I was unaware of the problems she has highlighted. It is an old float (1989)
I would have thought it was buyer beware? They spent a ½ an hour inspecting it when they bought it.

I responded with:
"
Hi (buyer),

I'm genuinely sorry to hear that you've encountered issues with the horse float. When we sold it, it had been in use for a few years, and we were unaware of any potential problems.
I understand your concerns, and I appreciate that you've taken the time to have it checked. However, as this was a private sale, the understanding is typically 'buyer beware,' where the buyer is responsible for assessing the item's condition before purchase.
While I regret any inconvenience this has caused, I must respectfully decline your request for a refund. Please know that this decision is not an admission of fault or liability but is based on the understanding of the nature of private sales.

Yours.... blah blah blah

The buyers father has just responded with this:

"Hi Jason this is "XXXXX", "xxxxx's" Father who was with her when we bought your float. We are in possession of a professionally prepared report that details severe structural faults in the chassis of the float, Prior to engaging legal representation we offer you the opportunity to negotiate a fair settlement which will avoid expensive costs for us both. Although costly we will definitely proceed with legal action as the seller has deliberately caused danger to the welfare of expensive horses by claiming the float was sound. Our first preference is to get our money back but if we have to compromise to effect a prompt settlement we could discuss a sharing of costs to effect a repair to bring the float to a safe usable condition. Please call me or text me to discuss where we go from here but legal costs will start if we don’t hear back in the next couple of days."

Should I just block all numbers? Or I could reply with "As far as I knew it was a solid float, and I had been using it myself, I reject that I "deliberately caused danger......."
And maybe I should also send him this? --> https://hwlebsworth.com.au/buying-goods-from-a-private-seller-does-a-buyer-have-any-recourse-under-the-australian-consumer-law/

Cheers!
 

Rod

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by claiming the float was sound
^ this is an issue and should be addressed in your reply.

As well as denying responsibility and knowledge.

I do not recommend ignoring them at this stage.

Also how you earn an income comes into play as to whether this will be an ACL dispute.
 

MrRamon

Member
28 September 2023
2
0
1
^ this is an issue and should be addressed in your reply.

As well as denying responsibility and knowledge.

I do not recommend ignoring them at this stage.

Also how you earn an income comes into play as to whether this will be an ACL dispute.
Thanks Rod, I remember discussing the brand of the float (Pegasus) and saying something to the effect of "yep, Pegasus make a solid float" but I wouldn't have said it is "sound", it is just something that is not in my normal vocabulary.
As far as I honestly knew, it was a solid float and we had been using it to transport our own horse. Surely the fact that they spent over half an hour going over it and came back to me a month later invalidates any claim they would have anyway?
As to how I earn an income, I am in retail (in shopping centres) nothing related to horse floats, trailers or automotive any way at all.
Cheers