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SA What Can I Do About Misleading Gumtree Ad?

Discussion in 'Australian Consumer Law Forum' started by Euan Dickson, 26 November 2014.

  1. Euan Dickson

    Euan Dickson Member

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    Hi, I recently purchased a mountain bike for $550 from gumtree. To be precise this one:

    http://webcache.googleusercontent.c...060063412&gws_rd=cr&ei=HHN1VOyYHYGtmAXl44GoBw

    Now after a lot of misleading banter from the seller, saying it's only a couple of years old, he had only rode it down the shops a couple of times, it's got all these " extras ", not just the ones mentioned in the ad, and that it was totally custom built with non standard parts, so I bought it.

    This is actually the bike

    2007 4500 - Bike Archive - Trek Bicycle

    The only thing custom about it was the stuff he stated in the Ad. He failed to mention that the bike was 7 years old ( 7 is not a couple, if 3 is a crowd ), and not worth anymore than, being nice, I would say $250. I am on a Disability Support Pension, and bought the bike to try get some fitness, not to be ripped off by a con artist. $550 is a lot to someone when that's 2/3 of your money for the fortnight.

    Do I have any legal precedence at all? I know relying on people to be honest is not the best idea. I messaged them complaining about the dishonest greedy manner in which he conducted himself, and I got no response, which means to me he couldn't defend against the truth. I can't see a gumtree refund policy. Any help would be great I am tired of pensioners getting taken advantage of.
     
  2. Sarah J

    Sarah J Well-Known Member

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    Buying privately, especially second-hand goods, off the internet is very risky. There is no legislation that governs this. Basically, you do so at your own risk. If you really want to pursue it, you will have to do so privately by taking the seller to court and claim on the grounds of misrepresentation and/or breach of contract. However, you will need to assess whether this (time, cost, stress) is worth it. As this is a relatively small claim, you can apply in the Minor Civil Claims Court.

    Unfortunately, because you were not buying from a business at the time (rather, a private seller), you were not buying in the capacity of a consumer and so this will not come under Australian Consumer Law.

    I recommend taking more care when buying off private sellers on the internet or anywhere else. Private sellers are not subject to higher regulations and may be difficult to track down should you need to sue.
     
  3. Euan Dickson

    Euan Dickson Member

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    I am over it, take it as a lesson learned the hard way and that I should always do my research thoroughly. Also that I am a better person then them keeping honest and not stooping to there level, them not responding to my msg basically calling them scum of the earth for prying on pensioners and not having them defend themselves is gratifying enough. They know what they are and they have to live it for the rest of there lives. However to not thank you for the response would be rude and I appreciate it, I knew I was in a sticky law area so I thought I would grab a second opinion. Thank you.

    Yours sincerely Euan
     

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