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VIC Sold an Item on Gumtree - Refund Under Australian Consumer Law?

Discussion in 'Australian Consumer Law Forum' started by SFMan, 11 April 2016.

  1. SFMan

    SFMan Member

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    I sold a used Jet Ski electrical item (ECM) on GumTree. I included the shipping in the selling price. The buyer contacted me saying there is a fault with the item. I was not aware of any fault with the item. The buyer is now asking for a refund.

    I have a few concerns:

    1) How do I know he is testing the item I sold him?
    2) How do I ensure he returns the same item I sold him and not the bad ECM he replaced?
    3) Do I have to refund him?
    4) Can he sue me if I don't refund him under Australian Consumer Law?


    I have bought things off GumTree that didn't work and just figured that was the chance I took.
     
  2. Ponala

    Ponala Well-Known Member

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    In 'private' sales, it is buyer beware. You have no obligation to refund.

    There are limited exceptions, such as you knew it was 'faulty' and sold it as 'not faulty' (basically fraud).
     
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  3. Tim W

    Tim W Lawyer

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    Are you selling as a business (even if a sole trader)?
     
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  4. SFMan

    SFMan Member

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    I am just as a guy selling a used part. No business involved.
     
  5. Tim W

    Tim W Lawyer

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    In which case this may not be a transaction to which the ACL even applies.
     
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  6. SFMan

    SFMan Member

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    Thanks Tim and Ponala

    I was going to respond with a simple text:

    Sorry Mate
    This was a one off item and I am private seller. To my knowledge the used edm you purchased was working perfectly when sold. Unfortunately I am unable to refund.

    What do you think?
     
  7. Tim W

    Tim W Lawyer

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    As per the disclaimer in my signature, I don't give case specific advice on here on the board.
     

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