Private Sale, Buyer Wants Refund, Claims Item has Broken

MTBHuw

Hi, I'm after some help and advice because I'm worried about a recent private sale/transaction I made on Gumtree.

I sold my ride-on mower on Gumtree. I gave what I thought was an accurate, decent description of it, highlighted some issues with it, what parts were new, what were old, described some bodywork repair etc and included a few photos.

I was contacted to ask if a person could come and see the mower. Had no issues with this and the person came to view it at our property during the day yesterday in our garden. The person inspected the mower, and I was pretty open and willing for him to do so, and tried to be as helpful as I could.

I showed him how it worked, how to operate levers etc and also gave him a demonstration of it working and cutting our lawn. I highlighted again a few of the issues, answered a few questions. He asked why I was selling - answer was simply that I didn't want it anymore as I preferred using my manual mower to cut the lawn. The person was here about half an hour or so, maybe longer.

A price was agreed and cash handed over and the person left our property with the mower.

However, I've had a phonecall today saying the mower no longer works (the Forward/Reverse lever is faulty) and he asked me if he could return the mower for a refund. I politely declined as the mower left here in working order and he had ample opportunity at my property to inspect it, which he did, as well as the demo of it working and cutting our lawn. We finished the conversation.

Had a 2nd call shortly afterwards saying that the rear axle of the mower had now broken and there was play/movement in the wheels. Again, I explained that it left me in working order and reiterated the fact that he'd had a demo of the mower working and he'd inspected it.

When I knew that the person was coming to view the mower for a potential sale, I made 2 videos of me driving it showing all the components working, mower being driven in forward/reverse, cutting deck working, a few closeups etc. I made sure it showed as many details as possible - mainly to cover myself and to show the mower working. If the mower had the damage he describes (snapped rear axle with rear wheels moving side to side), I really don't think I'd have been able to drive the mower properly. We had also lifted the mower up onto his trailer, so the wheels left the ground. If they had movement, it would have been apparent then, but it wasn't.

This has rattled me a bit because I don't know where I stand. I've been as open and as honest as I can. Any help/advice welcome. Thanks.

wealdroam

You are in the right.

You owe the buyer nothing.

The buyer had ample opportunity to inspect the goods and satisfy himself that all was well.

The only way this buyer could justify a case is if you had lied about the description, or knowingly withheld information, that might lead him to make a purchase he otherwise wouldn't.

unholyangel

When you sell something as a private individual (rather than as someone trading in the course of a business) there is no implied terms about quality or fitness.

As above, the only thing relating to a private sale is that the item must match its description.

If the gentleman wanted a warranty in case anything went wrong with it, he really should have purchased from a trader (theres a reason traders are usually more expensive than buying privately).

MTBHuw

Thanks. The advert I made was brief but it didn't hide anything or say something was working when it wasn't. Gave description, general condition and highlighted issues, which he was aware of and asked me about them and I answered honestly.

I also gave the guy a demo of everything and he gave the mower a good inspection when he came to see it. Will the 2 detailed videos I took of me using the mower help?

daytona0

MTBHuw wrote: »

Thanks. The advert I made was brief but it didn't hide anything or say something was working when it wasn't. Gave description, general condition and highlighted issues, which he was aware of and asked me about them and I answered honestly.

I also gave the guy a demo of everything and he gave the mower a good inspection when he came to see it. Will the 2 detailed videos I took of me using the mower help?

If you didn't mention the lever and rear axle in your ad then he doesn't have a leg to stand on! He simply bought it as it was when he visited.

If, on your ad, you said something like "rear axle and lever is 100% not broken" then he'd have some credibility, but then again your video may prove useful there.

Dominicapuzzo

im having the same kind of problem, a gentleman came and picked up a guitar amp from me yesterday from my work, before he came to my work i was testing the amp with a colleague to make sure it all still fully worked (i work in a music studio so it didnt matter about the noise) now i have got a text from the guy saying 'one of the channels doesnt work' but i know for sure that when i gave it to him is was in complete working order, does anyone know what i can do?

wealdroam

Dominicapuzzo wrote: »

im having the same kind of problem, a gentleman came and picked up a guitar amp from me yesterday from my work, before he came to my work i was testing the amp with a colleague to make sure it all still fully worked (i work in a music studio so it didnt matter about the noise) now i have got a text from the guy saying 'one of the channels doesnt work' but i know for sure that when i gave it to him is was in complete working order, does anyone know what i can do?

He had the opportunity to inspect the thing at the time of picking it up. Did he ask to hear it working? Did you refuse him that request?

That doesn't really matter because if you had refused to let him test it he could've/should've walked away.

The fact that he completed the purchase indicates that he had satisfied himself on the quality offered.

Dominicapuzzo

No he didn't ask to hear it working, if he had done i would have said of course! thank you so much for the advice it has really helped, have a lovely day

Regards

Dom

shaun_from_Africa

From the way you word you initial post Dominicapuzzo, it sounds like the sale of the amplifier may well be a business transaction:

a gentleman came and picked up a guitar amp from me yesterday from my work,

i work in a music studio

and if this is the case, your buyer has far more rights than if they purchased from a private individual who was simply selling their unwanted or unneeded goods.
Even if it was fully working when they collected it, goods sold in the course of a business must be durable and fit for their purpose. As the failure of the amp was reported so shortly after purchase, the buyer has the right to reject it for a full refund. (providing that they didn't cause the failure by mishandling or any other deliberate cause)

NotRichAtAll

regards the amp i would of had it plugged in ready to give a demo, you really should of done this to cover your own backside

robatwork

Two transactions on this thread, both sound like private person to person sales. Both sound like buyer's remorse.

As long as you didn't describe or say "the lawnmower has a rear axle that will work for years" or "both amp channels will work for years" then there is nothing your buyers can do. They had opportunity to inspect and test the goods, and they are used.

Just ignore them - they have no grounds for complaint.