Sold New Item for Cash (Damaged)

Ms_Chocaholic

Hi

I sold a large self-assembly item for cash on collection, the item was packaged up so the damage wasn't obvious but the damage was fairly minimal. The buyer collected the item and messaged me to say that the item was damaged within 12 hours and I agreed to ask the company I purchased it off for a replacement; which has now arrived.

I messaged the buyer asking him to return the damaged item and collect the new one, he wasn't happy. He said as he had assembled the item he wasn't prepared to return it, I said he couldn't collect the new one till the old one was returned.

He has been very difficult. I have now said I will collect the old one from him but after agreeing a time and day for me to collect he has now said he isn't available and asking me when I can collect.

I think he's just being difficult so I've asked him for his availability again as I think if I say i'm available on X day at X time he will just say he isn't.

As I've offered to collect, how long do I give him to allow me to collect the item.

Am I being reasonable.

Thanks

theonlywayisup

I'm not clear on your post.

Are you saying you sold an item that was damaged but covered it up so it wasn't obvious and now the buyer is complaining?

If you have a new undamaged replacement and are able to give it to him, why do you want the damaged one back?

twhitehousescat

chances are there was no damage and he/she was trying to get a partial refund from you , now you have "called them out" they are reluctant to proceed

Ms_Chocaholic

Thank you, you are probably right as one of the messages from the buyer (when I said I couldn't let them have the new one until I had the old one as I didn't know what condition it was in) said:

"It's as collected. I don't wish to keep something defective that I have overpaid for, if it were satisfactory I would never have raised the issue".

Given that the item sells for around £150 online and he got it for £50 I'm not sure I can see his argument.

charlies_mum

From your original post, it sounds as if you knew the item was damaged before you sold it

The price is irrelevant, if the item was damaged that should have been mentioned in the description.

If this is the case, the buyer has every reason to be unhappy.

lindens

On the other hand, if a conversation had already taken place that you were going to get a replacement - why did he bother putting it together then? He is fishing for a partial refund.

Money_maker

But if the buyer paid cash, he should be a little more accommodating as the OP could just say no.

charlies_mum

Money_maker wrote: »

But if the buyer paid cash, he should be a little more accommodating as the OP could just say no.

I don't see why the buyer should be accommodating

The OP has stated that the item was packaged up and the damage wasn't obvious so the buyer had no way of knowing about the damage until he started to assemble. It sounds as though the OP deliberately failed to advise of the damage.

It's the seller who should be bending over backwards to get this resolved or there will be a SNAD case opened followed by negative feedback.

Ms_Chocaholic

Just to clear things up, the item was large (easily 5ft long) - it was brand new and hadn't been opened at all but I split the packaging so the colour of the item could be viewed by any potential buyer but, from what you could see through that split, there was no damage visible.

The buyer came to view the item, we agreed the price and the buyer took the item (around 8.30pm). The buyer messaged me the following morning (8am) to say it was damaged and I agreed to get a replacement. I'm not sure why the buyer assembled the item either, the buyer later stated it was assembled "to see the impact of any damage".

The buyer acknowledged on the first day he messaged me about the damage that he "appreciated I hadn't fully unpacked the item" and "fully appreciate you didn't and couldn't have known".

In terms of a SNAD, this wasn't an Ebay sale. I posted here as this board also covers jumble sales/auctions etc

Ms_Chocaholic

Oh and I have been pro active in resolving this. I've been chasing the company over the past couple of weeks for the replacement and kept messaging the buyer with an update each time, even at times just to say I didn't have an update as yet but I hadn't forgotten.

Ms_Chocaholic

Just to add, the buyer told me he works from home and said he wanted the damaged item collected from him by the delivery company.

I said this wasn't acceptable as I couldn't check the condition of the damaged item I didn't want to do this (I didn't want to be charged twice for the item either if he had altered it or didn't return it and if he also had the new item too I'd be stuffed).

The buyer said as they worked from home, he would be available for collection by the delivery company any day for the next 2 weeks. When I said I could collect it and we agreed a time and day, lo and behold, he wasn't available, he had meetings to go to etc.