Sold sofa on gumtree - buyer wants refund

Samd35

Hi all,

I have recently sold a sofa on Gumtree. I listed it as in good condition and only been used for a couple of months.

The sofa comes in 2 parts, where the arm comes off, making it easier for transportation. The arm is very easily slotted back in and requires no screws etc to put back together.

A buyer was interested and attended my flat to collect the sofa. As my flat is in the basement, I tried to make the sale as easy as possible for the buyer and therefore took the arm off and carried the sofa up the flight of stairs. It was left in the hallway in 2 pieces when the buyer came. I explained that it was like this as I had carried it up the stairs so he wouldn't have to. I told him how easy it was to put together and explained how it slots together. I asked if this was ok (implying whether he would like me to put it together for him. (In hindsight, I probably should have been clearer here)).

He inspected the sofa and I demonstrated how the sofa turns into a sofa bed quite easily, whilst the sofa was standing on its end. He was surprised at the size of the sofa but I had provided him with the measurements previously.

He paid and took the sofa away.

24 hours later I had a phone call saying he was not happy with the sofa. He said it was uncomfortable and the size was too small. He would like to return the sofa to me and have his money back. He said because it was in 2 pieces when he came, he could not sit on the sofa. I explained to him that it was sold as seen, and that I had asked him if it was ok that it was in 2 pieces, and he said it was. I therefore told him I was not willing to take the sofa back. I advised him to try to sell it on and gave him contact information of another person that was interested. He told me that if he cannot sell it he will contact me again.

I am unsure if I am in the wrong here and if I should consider taking it back.
It was described purely as used for a couple of months in good condition. Therefore I believe he has no recourse in that regard as this is a private sale.

I offered him the opportunity to inspect the sofa, and it could have easily been put together for him to sit on (takes a matter of seconds). I recognise I probably should have put it together for him to sit on, but surely it should be a buyers obligation to make requests to inspect/sit on if not happy (caveat emptor, buyer beware)?

Any advice on this would be appreciated.

Many thanks

bod1467

Caveat Emptor ... he came, he saw, he bought. It's now his property.

[Deleted User]

It's a private sale, you don't offer any "unsuitable" refund guarantee do you?

The product is in good order. He has bought it. You don't have to refund him or accept the item back.

Only thing is, he knows where you live

unholyangel

He doesn't appear to be disputing that it was in good condition or even saying it didn't match its description so you should be fine as the only stipulation for private sales is that you must have the right to sell the goods (ie for title/ownership to pass) and they must match their description.

If he lives locally I might offer to go and show him how to put it together in the interests of trying to keep things amicable but theres definitely no obligation for you to do so.

m0bov

He could have measured up, he viewed it and made the purchase. Unless he was misled its his problem and his sofa. It was his mistake he purchased one that he did'nt like.