who is in the right?

johebr

I sold a mobile phone on ebay and after 3 weeks the buyer says the phone has developed a fault and requested a refund after looking into this, it seems the phone has developed a manufacturing fault. I have no proof of purchase as this was an upgrade and the phone is only 3months old.

Is he within his rights to request a refund?

facetheglue

I'm no expert but it's kind of tough luck for the person that bought it. If it's a brand new phone it should have a manufacturers warranty. If it developped a fault AFTER you sold it then I don't think you're obliged to give a refund.

johebr

that is what i thought, as a private seller i don't give no guarentee against manufacturing faults.

Treadway1

Id agree with facetheglue. If its been working fine for 3 weeks, and then has suddenly gone Pete Tong then I cant see its your fault. Its not like you could have made it work for that long, knowing it would fail eventually, just to sell it as working.

I can see where the buyer is coming from though. I bought a sky plus box a while ago on ebay, and a short while after it stopped working. I was mega !!!!!! off, and was calling the seller all the names under the sun (To myself that is, I didnt contact him...lol), but I eventually realised that it wasnt something he could have known about and got over it. Thats the chance you take buying something on ebay I guess.

johebr

i also feel for the buyer (i would be annoyed if it was me).

bookworm1363

If you are a private seller, then he has no comeback unless the goods were not as described.

If you are a trader, then he would be entitled to get goods of a satisfactory quality, as described and fit for purpose the same as if he bought in a shop, with additional protection under the DSR.

I am currently suing a private seller who sold US size 10 Timberland as being a UK 9.5, and of course they don't fit! I'm suing him under the "not as described" as the description (size) was quite obviously inaccurate, and I don't expect any problems in winning hands down.