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

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SFMan

Member
11 April 2016
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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.
 

Ponala

Well-Known Member
10 February 2015
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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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Tim W

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28 April 2014
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Are you selling as a business (even if a sole trader)?
 
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Tim W

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

Member
11 April 2016
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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?
 

Tim W

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