Gumtree Buyer Asking for a Refund?!

Abbafan1972

Don't the DSR's only apply when you buy stuff online without seeing it first?

In these cases, the buyer had every opportunity to inspect and decide against handing over the money and taking the item away!

antrobus

sarahb wrote: »

I'm not sure SoGA applies...

SOGA applies to "contracts of sale of goods made on or after (but not to those made before) 1 January 1894". (That's because the very first SOGA was passed in 1893.) It applies to both private and business sellers, although some of the provisions apply only those who sell goods in the "course of a business".

The main difference is that if you're a private seller you can sell something on the basis that SOGA does not apply, but if you're a business seller you can't.

sarahb wrote: »

....
but even if it does I would love to see Tradng Standards getting involved in an argument over a used bicycle wheel !

Well Trading Standards wouldn't be interested in an argument over a sale that involved someone who wasn't trading.

hermum

I would ignore them, they should have come themselves & checked it before parting with the cash.

custardy

Crowqueen wrote: »

If someone buys at a distance they still have a legal right to have time to inspect the goods, whether that's at the seller's house or their own.

You might have to accept a return.

The posts above are unaware of the rules under SoGA but they apply equally to private and business sellers, I'm afraid.

but the sale was completed face to face, and money changed hands at that point.

Crowqueen

I think it's one of Bankhaunter's reasonings on the official forums that the buyer of cash on collection items has a reasonable period to inspect the goods. It depends where the contract was concluded.

I think I might be wrong in this instance - if the contract is concluded on eBay then it is still classed as a distance sale. It depends whether the contract on Gumtree is concluded at a distance - then the buyer has the right to a reasonable time to inspect it even if they pay cash on collection, which does not simply mean at the seller's premises.

If however the Gumtree way of doing things is that you do not agree to anything online (e.g. by buying out an eBay listing or winning an auction) then it might not apply. But I think it's reasonable to expect both parties to make an effort to facilitate checking - so often sellers here arrogantly assume it's the buyer's responsibility, when it's also in their interests to make sure the item gets sold.

For some items like those that have to be plumbed (etc) in to be seen working, e.g. washing machines or cookers, then the buyer has the chance to go back if they don't work, because they still have the right to buy something that was as the seller described it.

Conventional wisdom is that inspection should be done on the seller's premises but that might not be possible for a variety of reasons, including seller not permitting the buyer to have the time to inspect it, but conventional wisdom also seems to be heavily biased in favour of sellers making sure the buyer is going to take the item away and not waste their time - rather than giving everyone a fair crack of the whip. Stuff like 'buyer beware' is pretty much meaningless when faced with the SOGA.

hermum

Maybe the buyer should take responsibility for checking the item, before handing over their cash.
http://gumtree.force.com/Help/articles/General_Information/Buying-safely?retURL=%2Fapex%2FknowledgeSafe&popup=false
Buyers are advised to ensure they're happy, before parting with their cash.

sharpy2010

kosasih wrote: »

What course of action can i take?

Starting your own thread is one course of action you could take.

Caz8169

Hi everyone,

I'm in the reverse situation. I recently bought an exercise bike from someone on gumtree. It was sold as being £55 and only 6 months old. I had asked if the seller had a receipt for the bike as I had seen from reviews that some people had needed to use the 1 year warranty because of some parts having issues. I was told that there wasn't a receipt as a relative had bought it on their behalf. I contacted the shop they had bought it from and they said that as long as I had an address of the person who made the purchase, the warrenty would be valid.

On the day that I went to pick up the bike it was a bit rushed; it was very late at night and the bike had already been packed up, so although I could see it, I couldn't test it. I was told that the batteries were flat, but they assured me that it was only 6 months old so absolutely fine.

Looking back, I realise that the seller was just keen to get rid of it and probably knew it was broken. I had assumed at the time I hadn't been able to test it out of respect to neighbours as it was late at night, but I realise that was a foolish thing to do.

When I got it home I tried it out and found that even with the batteries changed, the monitor didn't work. I contacted the seller and after a long email exchange in which they said they were trying to get a replacement for me, the seller agreed that I could have a refund. I contacted the shop it turned out that this person had never purchased the bike. I assume it was bought off someone else and the seller has sold it on second hand at half the price. Three weeks ago I contacted the seller to say that as this couldn't be resolved, I wanted a refund. I've had no response, despite sending two 'chaser' emails. I'm going to give them a call tomorrow, but before I do, I want to be clear on where I stand. I think I've been mis-sold, but there's no guidance on gumtree about this. Does anyone know what I can do?

Thanks for reading my long and rambling thread!

ballisticbrian

If someone buys at a distance

Gumtree isn't buying at a distance though is it? It's the exact opposite. Dear oh dear.

And for £5. Jeez, here's another 2 minutes of my life I'll never get back.

TrickyWicky

Gumtree isn't a market place. It's simply a place to advertise. They don't get involved in transactions or offer protection - it's as simple as that.

For some strange reason people think that internet websites have a duty to protect them yet you don't expect that from your local paper do you?