We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
urgently i need.to know my rights as a private seller
Options
Comments
-
spacey2012 wrote: »A warranty is contracted, second hand electrical equipment can stop working at any time.
It can stop working at any time but it must be working when sold if that was how it was described.
Even though it was a private sale, the buyer still has the legal right to examine the goods to make sure that they are as described and if they are not, they can reject them exactly the same as if bought from a business seller. (This examination does not have to be at the point of sale but can be in their own home within a reasonable time following the purchase).0 -
spacey2012 wrote: »A warranty is contracted, second hand electrical equipment can stop working at any time.
If you want warranties and guarantees, you buy brand new from a shop, or E_bay.
When buying second hand goods, the principle caveat Emptor rains superior, has been challenged many times and rarely beaten and is now written in to case law.
You inspect the goods, you satisfy yourself they are working, you pay your money and you leave, what happens next is your own problem.
However, if the goods are specifically described as working, and they turn out to be faulty, it's mis-selling, and so the buyer has some recourse.
The issue here is whether the monitor was faulty at the time of purchase or not.Competition wins: Where's Wally Goody Bag, Club badge branded football, Nivea for Men Goody Bag0 -
spacey2012 wrote: »
Selling your own items to private people does not make someone a business.
You obviously didn't read the OP!!0 -
If it will cause issues at work, just take it back and refund the money. Not worth the grief.0
-
annamahmood wrote: »I still not.clear as to where i stand?
where you stand is she probably doesnt have much place to go other than taking you to court as you said it was in working order and it wasnt (he said, she said.....)
the reality is if you don't sort this, preferably tomorrow morning, so this lady doesn't have another day worrying over it, your colleagues will think you are a total you know what...0 -
How do you even know she's set it up right? Ask to see it, it could be you yes YOU OP broke the cable in boxing it up. You were both downright stupid to not see it in working order at the point of sale.
Do you want the animosity, problems with HR, colleagues thinking your a £):@ and avoiding future sales you might have? If so go right ahead and tell her to whistle Dixie. There is a small chance se could try to pursue you legally but for a second hand PC? It's not gonna happen.
If you don't want all the above, try and work things out. Check it over, if it's obvious monitor damage that you know was not there when you boxed it up tell her that. If it is indeed that type of damage she probably won't let you see it. If it's the cable then just offer her a nominal amount off or get her a cheapie from ebay to keep the peace.
You're making mountains out of mole hills IMHO.0 -
come on OP what happened today?0
-
Can you show me where you get that nonsense from, as a private sale the onus is on the buyer to test the goods before they leave with them, they picked them up in person they were not delivered.shaun_from_Africa wrote: »It can stop working at any time but it must be working when sold if that was how it was described.
Even though it was a private sale, the buyer still has the legal right to examine the goods to make sure that they are as described and if they are not, they can reject them exactly the same as if bought from a business seller. (This examination does not have to be at the point of sale but can be in their own home within a reasonable time following the purchase).0 -
Can you show me where you get that nonsense from, as a private sale the onus is on the buyer to test the goods before they leave with them, they picked them up in person they were not delivered.
Perhaps you've heard of the sale of goods act?
Parts of this act apply equally to private sellers as well as to business ones, and the sections that only apply to businesses are clearly marked.
There is no differentiation between the two types of sellers when it comes to the goods having to match their description and the buyer being able to test and examine good to check that they are as described.
http://www.adviceguide.org.uk/nireland/consumer_ni/consumer_different_ways_of_buying_e/consumer_private_sales_and_car_boot_sales_e/private_sales_and_car_boot_sales.htmWhen you buy something from a private seller, you lose some of the statutory rights you get when you buy from a business. The goods must match any description given and you have a right to claim a refund if you find out the seller doesn’t have a right to sell the goods.
How about Trading Standards?
http://www.tradingstandards.gov.uk/cgi-bin/shropshire/con1item.cgi?file=*adv0043-1011.txtWhat rights do I have if I buy goods privately, from an individual?
Sale of Goods legislation does not apply wholly in this situation, although goods will still have to meet any description given by the seller or you can take action for breach of contract. You should beware of traders who pretend to be private sellers in order to avoid statutory liabilities - if you suspect a private seller is really a trader contact Citizens Advice consumer service for assistance.
Or what about the OFT?
http://www.oft.gov.uk/shared_oft/consumer_leaflets/general/CDSR1.pdfBuying from a private seller.
You have fewer rights when buying privately.
The only rules are that the seller must have title to the goods and that they must be as described – if not ask for your money back straight away.
So bris, perhaps it's you that is the one posting nonsense, unless of course you can show something that disagrees with the OFT, Trading standards and the CAB.0 -
"threatenin to report me to my work hr n it department!
This is the most ludicrous threat I've ever heard. If I bought something which didn't work, I might threaten to report the seller to the police, or threaten to engage a solicitor, or to file papers at the small claims court... but the idea that the company HR department or IT guy can somehow enforce my rights is laughable!0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 351.2K Banking & Borrowing
- 253.2K Reduce Debt & Boost Income
- 453.7K Spending & Discounts
- 244.2K Work, Benefits & Business
- 599.3K Mortgages, Homes & Bills
- 177K Life & Family
- 257.6K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards