Private Sale

Ms_Chocaholic

Hi

I sold a new 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 within 24 hours to say that the item was damaged and I agreed to ask the company I purchased the item off for a replacement due to damage; the replacement item has now arrived. I've kept the buyer updated throughout the whole process btw.

I messaged the buyer asking him to return the damaged item when he collected the new one, he wasn't happy. He said as he had assembled the item he wasn't prepared to return the damaged item and the buyer wanted to collect the new one before returning the old one. I said he couldn't collect the new one till the old one was returned. I was perplexed why he had assembled it when he saw the damage anyway.

He has been very difficult. I have 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

https://forums.moneysavingexpert.com/discussion/5864575/sold-new-item-for-cash-damaged

Hopefully you will get an answer that helps, there's a little more detail in this one but it's still unclear if you sold the item knowing it was damaged without declaring it.

Cash on collection generally is the end of a sale. Did you sell on eBay as you posted on the eBay board first?

Ms_Chocaholic

Hi

Thanks for your reply. I put it on the Ebay board first as that Board covers "jumble sales, auctions and car boots" and although it didn't fit specifically I thought that was the most appropriate board, I then came across the Consumer Rights board when I was browsing and thought that this Board fitted better (I'll send a request to get it deleted from the other Board).

No, I didn't sell it on Ebay.

No, I didn't know it was damaged before I sold it (as it was partially sealed, I'd split the packaging part way open so any potential buyers could see the colour of the item but it wasn't open fully and no sign of damage on the parts I could see from the split in the packaging), if I had seen any damage I would have gone straight back to the company and exchanged it before selling it on. Neither I or buyer inspected it before the sale, we agreed a price and the buyer took it away.

I wanted to specify "cash on collection" to differentiate it from a purchase made by Paypal or bank transfer.

Ms_Chocaholic

Oh and just to add, I need the old one back to send to the company who have provided the replacement.

One more thing, buyer's first messages when they discovered the damage stated "I appreciate you hadn't fully unpacked this" and "fully appreciate you didn't and couldn't have known".

theonlywayisup

That's much more clear.

I would send the buyer a message, explaining that you are sorry they have been put to any inconvenience (they have assembled and perhaps didn't see the damage until it was fully assembled) but that you have sourced a brand new undamaged item which you can swap. Hopefully you can arrange a mutually agreeable time/place for this to happen.

It doesn't sound like either of you are being awkward, just that perhaps the buyer is a bit cross and you are a bit peeved that you've tried to sort it out.

Ms_Chocaholic

Just an update. We had arranged for me to go and collect the item this morning but, as like the other day, he again cancelled for some frivolous reason about an hour before. So I just turned up on his doorstep this afternoon, he was shocked to see me, we collected the item and gave him the new one.

The damage is barely there, in fact when I got there and he turned the item over to find the damage to show me, even he said, where is it I can't see it.

When we left he called me a con artist - no idea why, he thought that the company supplying the item was different to the one that actually supplied it and he said he had rang the first company who clearly had no record of me.

I will trust my intuition better next time, I did sense something untoward when he first came to view, I should have trusted my instincts.