Gumtree buyer asks for a refund

31
Found 14th Jun 2016
You sell a brand new item on gumtree. Buyer asks for a refund few hours later or next day or week and saying it's not working. What do you do?
Basically.. want to find out the laws on this.

is it "caveat emptor", the buyer alone is responsible for checking the quality and suitability of goods before a purchase is made?
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31 Comments
Depends what it is and what they say is wrong with it, that's my personal thoughts not legal one.
interesting question since the product is advertised as brand new and not used. I would be intrigued to know the legal status of such sales myself.
I'd say the buyer is responsible for checking the item prior to purchase, assuming they collected it in person.
Any time I sold electronics on Gumtree the buyer always comes over and asks to check if it's working, going through all the setup and settings to ensure everything is in order.

If the item was factory sealed and the buyer bought it then any issues with the item should be taken up with the manufacturer of the item.
WHAT is the item?
Is it not Sold As Seen?
Graham1979

WHAT is the item?



Electronical items.. laptops, tablets, consoles, phones whatever
zainarafiq

interesting question since the product is advertised as brand new and not … interesting question since the product is advertised as brand new and not used. I would be intrigued to know the legal status of such sales myself.



​exactly!
ask the buyer to email the proof. (dont give your personal email). also ask the buyer to show the imei/serial number of the device clearly while videoing.

Once you checked the video then you can decide what to do.
hassansf

I'd say the buyer is responsible for checking the item prior to purchase, … I'd say the buyer is responsible for checking the item prior to purchase, assuming they collected it in person. Any time I sold electronics on Gumtree the buyer always comes over and asks to check if it's working, going through all the setup and settings to ensure everything is in order. If the item was factory sealed and the buyer bought it then any issues with the item should be taken up with the manufacturer of the item.



WRONG! The seller is reponsible for remedying the situation, not the manufacturer, as the contract is between the buyer and seller. The seller would have a claim on whomever supplied him.
Anything goes on gumtree . . . cash on collection . . . sold as seen . . . good luck trying to apply the Consumer Rights Act to some of the sellers on there
at least its not as bad as this guy in the USA


Selling things on Craigslist comes with some risk. You could end up being scammed, or possibly even robbed if you end up meeting a shady criminal type. Add to the list of potential concerns getting sued for $30,000. That’s what happened to a Massachusetts man named Doug Costello. Costello sold an old black and white printer to someone in Indiana for $40, leading to a $30,000 lawsuit that took more than six years to deal with.

Costello’s mistake, apparently, was selling that printer to one Gersh Zavodnik in Indianapolis. This (presumably unpleasant) person makes it his business to buy things online in the hope they won’t live up to his expectations in some material way. In this case, Zavodnik claims the printer was not functional when it arrived. Therefore, he filed a lawsuit against Costello in small claims court for $6,000.


printer

It’s important to note that Zavodnik is what’s known as a pro se litigant, someone who represents himself in court cases. He knows enough about the legal system to swamp a normal person in confusing paperwork and filings to often get his way. Zavodnik didn’t let the dismissal of his small claims case be the end of it. Instead, he filed a case in Marion Superior Court alleging breach of contract, fraud, conversion, deceptive advertising, and emotional distress… for a printer.





Zavodnik sent several documents to Costello over the years, asking him to admit liability for as much as $600,000. Costello ignored them, but it turns out under Indiana law that means you have admitted liability. In March of last year, a trial judge looked at this case and decided Zavodnik was entitled to more than $30,000 because of that broken printer. Are you appropriately terrified of selling used electronics on Craigslist now? Don’t worry, there’s a happy ending.

Costello appealed the case, and the appeals court recently issued pointed verdict in Costello’s favor. The opinion says the $30,000 ruling “had no basis in reality.” Costello did have to spend $12,000 on legal fees to get this far, but he does still have the $40 from the original printer sale. So, he’s only out $11,960
Magister

WRONG! The seller is reponsible for remedying the situation, not the … WRONG! The seller is reponsible for remedying the situation, not the manufacturer, as the contract is between the buyer and seller. The seller would have a claim on whomever supplied him.




if the seller is a business
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deleted494932
letterboxfortom

Electronical items.. laptops, tablets, consoles, phones whatever



Evasive answers won't get you any help around here
Sold as seen, if they take it away and it's working then item SOLD
What method of payment was used?

Collected, delivered?

What was the item?

Advice can only be given surely when these are answered by the OP.
if you are a private seller you have no legal obligation to do anything.

morally, well.. that's up to you.
buyer beware as they say
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deleted494932
adamspencer95

if you are a private seller you have no legal obligation to do … if you are a private seller you have no legal obligation to do anything.morally, well.. that's up to you.



If it's brand new - then it should have a manufacturer's warranty. So the seller should just be helpful and advise them of how to get it repaired.

Certainly no need to take the item back (but then again, it's also not worth the risk of dealing with some vindictive and **** off buyer....otherwise they could wind up with late night calls and unrequested fast food deliveries at all times of day and night!)
andynicol

What method of payment was used?Collected, delivered?What was the … What method of payment was used?Collected, delivered?What was the item?Advice can only be given surely when these are answered by the OP.



1.​Cash 2. Collected in person 3. any electrical item as mentioned before..
(This hasn't happened to me yet, thankfully, so Im just trying to find out in general )
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deleted494932
letterboxfortom

1.​Cash 2. Collected in person 3. any electrical item as mentioned b … 1.​Cash 2. Collected in person 3. any electrical item as mentioned before..(This hasn't happened to me yet, thankfully, so Im just trying to find out in general )



So we're discussing a hypothetical situation?

Can I have my 5 minutes of wasted time back please oO
adamspencer95

if you are a private seller you have no legal obligation to do … if you are a private seller you have no legal obligation to do anything.morally, well.. that's up to you.



​yes, I thought/think so too
wenttoabetterplace

So we're discussing a hypothetical situation?Can I have my 5 minutes of … So we're discussing a hypothetical situation?Can I have my 5 minutes of wasted time back please oO



​So what's the difference if it was phone or if it was laptop.. the details are the same.. Brand, new, paid cash on collection. What other details are needed? Same general rules will apply across the board and I just want to know the law on the deal
The reality is that the buyer will be reporting you HMRC and starting small claims action and maybe asking the police to check if you're dealing in stolen goods.

Anyone selling brand new electronics stuff on gumtree is probably dodgy.
letterboxfortom

1.​Cash 2. Collected in person 3. any electrical item as mentioned b … 1.​Cash 2. Collected in person 3. any electrical item as mentioned before..(This hasn't happened to me yet, thankfully, so Im just trying to find out in general )



Reason I've asked what the item was is that a common scam is to sell iPhones and then report them stolen later, thus rendering them pretty much useless to the buyer.

But lets assume said item, laptop, camera etc was demonstrated to the buyer upon collection, buyer was happy with the item and duly paid for it.

It develops a fault later, unfortunate for the buyer but tough.

Morally the seller should give a refund and recoup the cost from the supplier/manufacturer.


This example is the reason you should never buy anything on Gumtree/Facebook etc from anywhere other than collecting from the sellers address, popular habit is to meet in a mutual place, fine if its a pair of trainers or something but when it comes to electronic goods only collect from an address.

At worst, you at least have somewhere to return to 'talk it over' with the seller should a fault appear later.
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deleted494932
andynicol

Reason I've asked what the item was is that a common scam is to sell … Reason I've asked what the item was is that a common scam is to sell iPhones and then report them stolen later, thus rendering them pretty much useless to the buyer.But lets assume said item, laptop, camera etc was demonstrated to the buyer upon collection, buyer was happy with the item and duly paid for it.It develops a fault later, unfortunate for the buyer but tough.Morally the seller should give a refund and recoup the cost from the supplier/manufacturer.This example is the reason you should never buy anything on Gumtree/Facebook etc from anywhere other than collecting from the sellers address, popular habit is to meet in a mutual place, fine if its a pair of trainers or something but when it comes to electronic goods only collect from an address.At worst, you at least have somewhere to return to 'talk it over' with the seller should a fault appear later.



Better still, buy it with Paypal Buyer Protection and have it posted.

I had a Surface 3 posted to me (wasn't as described). The seller gave me the run around for the best part of a month - so I filed a dispute, which they didn't dispute. End result? Full refund and got to keep the Surface 3 128GB/4GB+keyboard.

Paypal is a buyers friend :).

(OR, if buying in person, make sure the item has warranty. The Surface I received had a faulty keyboard - which I have since sent off to Microsoft and have now had it replaced).

Edited by: "deleted494932" 15th Jun 2016
mas99

The reality is that the buyer will be reporting you HMRC and starting … The reality is that the buyer will be reporting you HMRC and starting small claims action and maybe asking the police to check if you're dealing in stolen goods.Anyone selling brand new electronics stuff on gumtree is probably dodgy.



​HMRC report and police report does nothing if seller is legitimate such as myself but..What about the small claims? Is someone really gonna take it to court if it's £200-£300 item
andynicol

Reason I've asked what the item was is that a common scam is to sell … Reason I've asked what the item was is that a common scam is to sell iPhones and then report them stolen later, thus rendering them pretty much useless to the buyer.But lets assume said item, laptop, camera etc was demonstrated to the buyer upon collection, buyer was happy with the item and duly paid for it.It develops a fault later, unfortunate for the buyer but tough.Morally the seller should give a refund and recoup the cost from the supplier/manufacturer.This example is the reason you should never buy anything on Gumtree/Facebook etc from anywhere other than collecting from the sellers address, popular habit is to meet in a mutual place, fine if its a pair of trainers or something but when it comes to electronic goods only collect from an address.At worst, you at least have somewhere to return to 'talk it over' with the seller should a fault appear later.



I was referring to a case as to what happens from sellers perspective​ whereas seems like you mostly looking from buyers.
letterboxfortom

I was referring to a case as to what happens from sellers perspective​ w … I was referring to a case as to what happens from sellers perspective​ whereas seems like you mostly looking from buyers.



You missed the part where I said that it was tough if an item develops a fault?
I also said what I thought should be done from a moral standing.

These were from the sellers perspective.


Surely you expected some views from the buyers point of view with a leading question that you posed..?


It looks like you were/are thinking on doing exactly what your scenario describes in that you plan/planned to sell an item you knew was faulty in some way, and wanted to see what potential buyers responses and/or your legal standing should you carry this out.

I see no other reason to pose the question you have from a sellers perspective.

andynicol

You missed the part where I said that it was tough if an item develops a … You missed the part where I said that it was tough if an item develops a fault?I also said what I thought should be done from a moral standing.These were from the sellers perspective.Surely you expected some views from the buyers point of view with a leading question that you posed..?It looks like you were/are thinking on doing exactly what your scenario describes in that you plan/planned to sell an item you knew was faulty in some way, and wanted to see what potential buyers responses and/or your legal standing should you carry this out.I see no other reason to pose the question you have from a sellers perspective.



​yes, I saw the other part as well.
A seller would ask/should know what happens in the worst case scenario..to assess the risks whether it is worth to sell items and what are the required to do by law. It's funny how you assume all this when I just asked a question whether someone knows the law about this. There was one other member who expressed interest in this.. I guess he wants to sell faulty items as well.
letterboxfortom

​yes, I saw the other part as well. A seller would ask/should know what h … ​yes, I saw the other part as well. A seller would ask/should know what happens in the worst case scenario..to assess the risks whether it is worth to sell items and what are the required to do by law. It's funny how you assume all this when I just asked a question whether someone knows the law about this. There was one other member who expressed interest in this.. I guess he wants to sell faulty items as well.



I've not assumed anything.

Would be interesting if you posted the question from a buyers point of view, say bought a camera and it doesn't zoom anymore, I think you would get more interesting comments and you would get a better perspective of the buyers rights as opposed to concentrating on the sellers rights?
​"It looks like you were/are thinking on doing exactly what your scenario describes in that you plan/planned to sell an item you knew was faulty in some way, and wanted to see what potential buyers responses and/or your legal standing should you carry this out."
and you say you dont assume..

Yes, I want to know the buyers rights (the law) as mentioned.. but you you went rambling about some stolen iphones and what buyer should buy or where to meet. Did you even read what I asked in the initial post?
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