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Gumtree buyers daughter threatening legal action
CG_2016
Posts: 2 Newbie
Hi there hoping for a little advice if anyone out there can help!
I advertised and sold a stable door on Gumtree which the buyers daughter now has got in contact some 6 days later to say the buyer is distressed and wants me to take back and get her money back. She has stated and sent pics to show that in the centre panels that they have found a couple of patches of rot, that I have misled and falsely advertised the door despite the fact this was found under the paintwork and was not visible to myself upon photographing and advertising the door.
The door was purchased for our build in new condition at £230 (stickers are even still on the double glazed window panes as it stands), was painted up and we had fitted hinges but never actually put it in or added any locks or other furniture due to later deciding on a larger opening where it was to be hung. It has been in storage undercover for some time and due to having a baby on the way have been clearing several disused items to get a little cash back in.
I asked for pictures from the buyers daughter as wanted to be sure that it wasn't just a case of having decided against purchase, the pictures show they have dug out 2 areas next to one another which do look to be rot but are not penetrating through, nor are they in the main frame of the door, therefore treatable and the door still should in my boyfriends opinion (who is a carpenter), be fit for purpose.
The buyer had contacted me via text message asking if it was available, whether I could drop the price and deliver also (some 55mile round trip). I had advised it may be worth actually coming and viewing the door in the first instance before asking for a price drop as I had it up for less than half the price paid and I believed it to be a solid hardwood door. The buyer advised viewing wouldn't be possible due to her son being the one with transport and he was away, but that she was sure it would be fine. I agreed I could drop the price to what she wanted to pay but that there would be a small delivery charge of £10.
The following day I arranged to deliver and did so, on loading the door I noticed the paint and wood to have a few chips and therefore did point these out when unloading, the buyer said it's fine that she would be painting it anyway. She paid cash and that was that until yesterday evening when I received a call from a girl stating she was the buyers daughter and that they wanted a refund and for the door to be returned, I had falsely advertised and mid-sold which had distressed her mother.
I have obviously used the cash as I'm stocking up on baby things at the moment and am not in the position financially to give the refund and it has been almost a week between delivery and a third party complaint. I said I couldn't give a refund and that I was unaware of the rot which is evident as it wasn't visible on photographing also that there was amplee opportunity for the buyer to check and not but the item on delivery but also it is a private sale of a secondhand item which I would myself in that position would say is sold as seen. I am now having threats of legal action although I sold and described as I thought it was and I have sold numerous items and never had a complaint or a situation such as this. The daughter pointed out (which at the time of listing I hadn't noticed) that I had obviously had an autocorrection at the time whereby the description had stated it was a 'softwood' door although it was in fact a 'hardwood' door but I had stated this cored toy in our communication the day before delivery so again there was ample chance for the buyer to question this, and in fact hardwood is much higher quality in the case of an item like this.
I don't want to face legal action but at the same time can't offer the refund at the moment and have been advised that I shouldn't have to...any input or advice is much appreciated, thanks in advance.
Carl
I advertised and sold a stable door on Gumtree which the buyers daughter now has got in contact some 6 days later to say the buyer is distressed and wants me to take back and get her money back. She has stated and sent pics to show that in the centre panels that they have found a couple of patches of rot, that I have misled and falsely advertised the door despite the fact this was found under the paintwork and was not visible to myself upon photographing and advertising the door.
The door was purchased for our build in new condition at £230 (stickers are even still on the double glazed window panes as it stands), was painted up and we had fitted hinges but never actually put it in or added any locks or other furniture due to later deciding on a larger opening where it was to be hung. It has been in storage undercover for some time and due to having a baby on the way have been clearing several disused items to get a little cash back in.
I asked for pictures from the buyers daughter as wanted to be sure that it wasn't just a case of having decided against purchase, the pictures show they have dug out 2 areas next to one another which do look to be rot but are not penetrating through, nor are they in the main frame of the door, therefore treatable and the door still should in my boyfriends opinion (who is a carpenter), be fit for purpose.
The buyer had contacted me via text message asking if it was available, whether I could drop the price and deliver also (some 55mile round trip). I had advised it may be worth actually coming and viewing the door in the first instance before asking for a price drop as I had it up for less than half the price paid and I believed it to be a solid hardwood door. The buyer advised viewing wouldn't be possible due to her son being the one with transport and he was away, but that she was sure it would be fine. I agreed I could drop the price to what she wanted to pay but that there would be a small delivery charge of £10.
The following day I arranged to deliver and did so, on loading the door I noticed the paint and wood to have a few chips and therefore did point these out when unloading, the buyer said it's fine that she would be painting it anyway. She paid cash and that was that until yesterday evening when I received a call from a girl stating she was the buyers daughter and that they wanted a refund and for the door to be returned, I had falsely advertised and mid-sold which had distressed her mother.
I have obviously used the cash as I'm stocking up on baby things at the moment and am not in the position financially to give the refund and it has been almost a week between delivery and a third party complaint. I said I couldn't give a refund and that I was unaware of the rot which is evident as it wasn't visible on photographing also that there was amplee opportunity for the buyer to check and not but the item on delivery but also it is a private sale of a secondhand item which I would myself in that position would say is sold as seen. I am now having threats of legal action although I sold and described as I thought it was and I have sold numerous items and never had a complaint or a situation such as this. The daughter pointed out (which at the time of listing I hadn't noticed) that I had obviously had an autocorrection at the time whereby the description had stated it was a 'softwood' door although it was in fact a 'hardwood' door but I had stated this cored toy in our communication the day before delivery so again there was ample chance for the buyer to question this, and in fact hardwood is much higher quality in the case of an item like this.
I don't want to face legal action but at the same time can't offer the refund at the moment and have been advised that I shouldn't have to...any input or advice is much appreciated, thanks in advance.
Carl
0
Comments
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Ignore them until they actually issue a CCJ claim.I do Contracts, all day every day.0
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A few auto corrections in this but I hope it's still understandable and all can still get an understanding of what has happened! Darned phone!0
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I don't think you have anything to worry about OP - the buyer had ample opportunity, as you said yourself, to inspect the door before parting with the cash.
Sounds like buyers remorse. Don't give in to threats of legal action unless you give a partial refund either.
If they've "dug out" bits of the door then they can't even return it in the condition it was when purchased. I think they are trying it on.0 -
How did you describe the item in the Gumtree ad - sold as seen, perfect/ near perfect, as new?0
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sounds like buyers remorse or it wont fit their hole
i wouldn't refund if it was me i too would let them take me to court0 -
So the mother is getting distressed over a stable door that's "apparently got some rot", buyer is trying it on. Had a chance to inspect so the buyers at fault.
Keep us updated with any new developments.0 -
So the mother is getting distressed over a stable door that's "apparently got some rot", buyer is trying it on. Had a chance to inspect so the buyers at fault.
Keep us updated with any new developments.
We can't say that until we know how the item was represented in the ad. If it was "sold as seen" then I would agree, however if the ad said the item was "as new" or "without fault" then the seller may have a case.
At present we don't have enough information to give an informed opinion.0 -
Anyone playing the 'distress card' on first contact loses all sympathy from me.0
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