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NSW Sold Bed on Gumtree - Purchaser Threatening Police Unless I Assemble Bed

Discussion in 'Australian Consumer Law Forum' started by Romantic wolf, 31 January 2015.

  1. Romantic wolf

    Romantic wolf Member

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    I recently sold a bunk bed on Gumtree. The guy checked the bed and confirmed that it was as described, and he took it away. However, when he came back, he asked me to go to his place to show him how to assemble the bed. He also threatened me that he would call the police if I don't help him with it. Am I responsible for this under Australian Consumer Law? I am a private seller on Gumtree. Could you provide me some legal answers for this?
     
  2. John R

    John R Well-Known Member

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    Hi @Romantic wolf,
    I understand that you followed Gumtree Australia's "How do I stay safe while using Gumtree?" guidance by having the purchaser physically inspect the bunk bed before payment.

    On the assumption that you never promised or agreed to assist the purchaser to assemble the bunk bed, it is highly unlikely that the police would take any further action on a police report that was filed simply because "I bought a bed on Gumtree and the seller won't assemble it for me in my home".

    To better understand your Gumtree transaction:
    1. Did you include any information about disassembly or reassembly of the bunk bed in your Gumtree ad?
    2. Did you or the purchaser discuss the disassembly or reassembly of the bunk bed before the purchaser paid for and/or collected the bunk bed?
    3. Is there any documentation (e.g. assembly manual) available from the original manufacturer or online that the purchaser can access to reassemble the bunk bed? If yes, you may decide to send this documentation to the purchaser as a sign of good will.
    Hope this helps.
     
  3. Tracy B

    Tracy B Well-Known Member

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    Hi Romantic Wolf,

    No, the police will not get involved in this matter. This is a civil (non-criminal) matter. Even if you promised to "physically attend to buyer's house and show buyer how to assemble the bed" on you Gumtree advertisement, the worst they can do is take you to a civil court and get the court to enforce that representation against you. Out of good will, you can provide written instructions to the buyer, just to resolve this dispute quickly. However, if you did not promise to assist in assembling on your advertisement (i.e. if this service did not form part of the purchase price) then I believe you are under no legal obligation to provide this service unless the two of you subsequently agree on a further service fee for assembling.
     
  4. DennisD

    DennisD Well-Known Member

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    Agree with John R and Tracy B, and second John R's questions
     

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