Private Seller - misleading sale, admits it, what can I do?

unholyangel

bris wrote: »

Yip as above, description only goes so far, mistakes can be made. When you go to see the item you do your own due diligence at this point, confirm what you are buying.


Description counts for unseen goods, you would struggle to win this in court.


A judge would also wonder why you didn't mitigate the loss, you do this by selling the bed for as much as possible and suing for the difference plus any costs associated with the sale such as auction fees etc.


Digging your heels in is one thing, getting it right is another.

Not going to rehash about viewing goods but are you forgetting that when you reject goods, they don't belong to you and so you wouldn't have any right to sell the goods?

Plus mitigation (that is either failing to take reasonable steps to mitigate your loss or taking unreasonable steps to increase them) won't affect who the judge finds in favour of, it just means that damages will be awarded on the basis of you having taken those reasonable steps or not taking unreasonable steps, whether you took them or not.