Private sale gone wrong. What are the consequences?

Tokmon

MalMonroe said:

When buying from Facebook Marketplace, there are procedures in place to protect both sellers and buyers if there are any (real or perceived) problems. Did you tell your buyer to follow those? If not, it might be the place to start.

Why can't you just let him have his money back and return the item though? He isn't happy with his purchase, for whatever reason.

I'd feel awful if I took somebody's money and they weren't happy with what they had bought from me.

billy2shots, above, says 'you have absolutely nothing to worry about'. Which is perfectly true if you're happy to take someone else's money for something that they are not happy with.

But you won't get good ratings and besides anything else, won't your conscience bother you?

Or is that just me?

Give him his money back and let him return the laptop. You know that's the right thing to do - otherwise you wouldn't have even bothered to come on here to ask.  Be the better person. If there's nothing wrong with the laptop then why can't you accept it back to resell? What's all the fuss about? 

I use Facebook marketplace and I've never seen any procedure to protect buyers and sellers if there is problem, have you got a link to this because I can't see it?

I feel like you have never sold anything on Facebook before (or maybe never sold anything online). Giving money back to anyone who asks certainly isn't "the right thing to do" because they are just wasting the OP's time by claiming there is an issue when they inspected it on purchase. There are lot's of timewasters when selling online and they certainly shouldn't be encouraged. At the very least they can expect to buy thing and change their mind on a whim and get their money back, they could have even broken it themselves and then the OP would lose out if they refunded at no fault of their own.

macman

Do not let him return it under any circumstances. He may have swapped out a component that was broken on his own one for a good one on yours. He has no legal case whatever and if he does go via small claims, it will be thrown out.
He inspected the item and paid for it: its condition, good or bad, is immaterial in a private sale.
Ignore the advice above: I fail to see why you should feel 'conscientious' just because the purchaser has a case of buyer's remorse?

photome

MalMonroe said:

When buying from Facebook Marketplace, there are procedures in place to protect both sellers and buyers if there are any (real or perceived) problems. Did you tell your buyer to follow those? If not, it might be the place to start.

Why can't you just let him have his money back and return the item though? He isn't happy with his purchase, for whatever reason.

I'd feel awful if I took somebody's money and they weren't happy with what they had bought from me.

billy2shots, above, says 'you have absolutely nothing to worry about'. Which is perfectly true if you're happy to take someone else's money for something that they are not happy with.

But you won't get good ratings and besides anything else, won't your conscience bother you?

Or is that just me?

Give him his money back and let him return the laptop. You know that's the right thing to do - otherwise you wouldn't have even bothered to come on here to ask.  Be the better person. If there's nothing wrong with the laptop then why can't you accept it back to resell? What's all the fuss about? 

Why is your advice always the opposite to everyone elses?

what if the buyer wanted the laptop for spares and has now got the part they want rendering the laptop useless, is your advice still the same

mattyprice4004

photome said:

MalMonroe said:

When buying from Facebook Marketplace, there are procedures in place to protect both sellers and buyers if there are any (real or perceived) problems. Did you tell your buyer to follow those? If not, it might be the place to start.

Why can't you just let him have his money back and return the item though? He isn't happy with his purchase, for whatever reason.

I'd feel awful if I took somebody's money and they weren't happy with what they had bought from me.

billy2shots, above, says 'you have absolutely nothing to worry about'. Which is perfectly true if you're happy to take someone else's money for something that they are not happy with.

But you won't get good ratings and besides anything else, won't your conscience bother you?

Or is that just me?

Give him his money back and let him return the laptop. You know that's the right thing to do - otherwise you wouldn't have even bothered to come on here to ask.  Be the better person. If there's nothing wrong with the laptop then why can't you accept it back to resell? What's all the fuss about? 

Why is your advice always the opposite to everyone elses?

what if the buyer wanted the laptop for spares and has now got the part they want rendering the laptop useless, is your advice still the same

Fairly standard form for this poster unfortunately - I’m sure they could start an argument in an empty room! 

Why on Earth anyone would refund a private sale is beyond me. 

Zinger549

mattyprice4004 said:

photome said:

MalMonroe said:

When buying from Facebook Marketplace, there are procedures in place to protect both sellers and buyers if there are any (real or perceived) problems. Did you tell your buyer to follow those? If not, it might be the place to start.

Why can't you just let him have his money back and return the item though? He isn't happy with his purchase, for whatever reason.

I'd feel awful if I took somebody's money and they weren't happy with what they had bought from me.

billy2shots, above, says 'you have absolutely nothing to worry about'. Which is perfectly true if you're happy to take someone else's money for something that they are not happy with.

But you won't get good ratings and besides anything else, won't your conscience bother you?

Or is that just me?

Give him his money back and let him return the laptop. You know that's the right thing to do - otherwise you wouldn't have even bothered to come on here to ask.  Be the better person. If there's nothing wrong with the laptop then why can't you accept it back to resell? What's all the fuss about? 

Why is your advice always the opposite to everyone elses?

what if the buyer wanted the laptop for spares and has now got the part they want rendering the laptop useless, is your advice still the same

Fairly standard form for this poster unfortunately - I’m sure they could start an argument in an empty room! 

Why on Earth anyone would refund a private sale is beyond me. 

Yes and they never come back to the thread (see their signature). As long as you described the item correctly then you should be ok. It sounds like he's just trying to get you give him some money back. Or he's found another laptop that he's interested in.

68ComebackSpecial

MalMonroe said:

Give him his money back and let him return the laptop. You know that's the right thing to do - otherwise you wouldn't have even bothered to come on here to ask.  Be the better person. If there's nothing wrong with the laptop then why can't you accept it back to resell? What's all the fuss about? 

No, the OP came here to find out their legal position - this is the Consumer Rights board after all.

Sandwich

In hindsight I think this guy must do this a lot. Getting hit with a barrage of messages and vague ultimatums does make you want to ‘fix’ the problem but I’m glad I hesitated to respond and took my time to think about how to handle it. I’m glad I told him the sale was final. 

the_lunatic_is_in_my_head

macman said:

Do not let him return it under any circumstances. He may have swapped out a component that was broken on his own one for a good one on yours. He has no legal case whatever and if he does go via small claims, it will be thrown out.
He inspected the item and paid for it: its condition, good or bad, is immaterial in a private sale.
Ignore the advice above: I fail to see why you should feel 'conscientious' just because the purchaser has a case of buyer's remorse?

But this isn't correct in "a private sale".

If for example a seller simply advertises "car for sale" and does not state anything about it's condition (either in the ad, by message or verbally on viewing), then buyer is buying "a car" in any condition and as long as it's not a boat or a loaf of bread then buyer doesn't have any recourse. 

If seller advertises a car in "perfect working order with no major faults", regardless of the buyer inspecting it or even test driving it, if the engine falls apart at the bottom of the seller's drive then the buyer has recourse as the goods didn't match the description. 

Buyers still have rights in a private sales, noticeably that the goods must match the description, but there's no requirement state, or any implied terms, that the goods are of a certain condition. 

Jenni_D

the_lunatic_is_in_my_head said: 

Buyers still have rights in a private sales, noticeably that the goods must match the description, but there's no requirement state, or any implied terms, that the goods are of a certain condition. 

Correct. In a private sale the seller must have "good title" to the goods (i.e. have lawful authority to sell them) and the goods must match the description. Anything beyond that is Caveat Emptor.*

* In the car situation, the seller must advise the buyer not to drive away in the car if it is known that it is unroadworthy. I think that's the only caveat to Caveat Emptor.

JetpackVelociraptor

Sounds like the buyer is trying to squeeze another discount out of you. Don't accept the return, and don't offer them more money off.

As a private seller your only obligation to the buyer is that you don't misrepresent the goods. If you described it to the best of your knowledge and didn't tell them that it was perfect, I can't see that you have any further obligation towards them. They inspected the laptop before they paid for it, presumably were able to see it on and working, and as a private seller of secondhand goods you're not required to draw their attention to any defects.

In your position I would be more concerned that the buyer has managed to accidentally damage the laptop. That shouldn't be your problem, and I don't see any moral issue with expecting someone to make their own mind up about what they're buying before they pay for it. Save screenshots and a copy of your original, online description, any written communication you have between yourself and the buyer, written logs of any phonecalls, and the photos you used when you listed it on facebook. That should be sufficient to defend yourself in small claims court, assuming that they go that far.