I'm back with another dilemma! I recently sold something (no sex toys or anything like that) on a second-hand website, the person checked the item to see it was working and off they went. The next day I got a text saying it was not working and that it was being brought back, now my thoughts were if you bought something second hand, cash in hand, it can't be brought back, especially after seeing it work before leaving.
I offered to fix any problems for free but they demanded money back, I've been busy with uni and moving so arranged for them to come back. On the day they were late and I had to leave for a meeting an hour after they were due to arrive, since then they have bombarded me with messages about coming back and I'm at a loss of what to do, I move this week and quite honestly want to forget the entire thing, the item has been clearly broken after they picked it up so I'm not sure what to do, what worries me is that the have my address and I don't want them turning up at my door randomly, any advice?
i think if you arent a retailer (i.e like tesco, argos etc) then you arent obligated to offer refunds. as you are just one person selling your old toot then the customer is obligating in the 'risk' as it were in buying the item, being told it is in full working order.
people at bootsales sell things that arent working, there is no legal stance for the buyer to go back to the seller as it wasnt a legal transaction as such, no reciept etc.
this is why it is important to state whenever youre selling anything, clearly, if it is in working order and if you accept returns. you are entitled to not offer returns. AS LONG as item is as described etc.
so, did you clearly state if the item is in full working order? and if you accept returns or not?
If the product was in full working order when they paid and took it then they are liable for it. That's the risk you take when buying second hand.
My advice would be stand your ground and don't let them push you around. If they persist and you are getting fed up of it maybe offer then some money but but not all of it.
I actually spoke to the police regarding this recently and just remembered a few points:
* Make 100% sure the item is the one you sold so if you have anything you can check this with do it, as there is a rise of people buying new working products and returning their broken ones.
@squirtyPanda even at boot sales they still have to accept returns, I've done this before particularly when buying Dvds, I even often ask if they will be around later or next week if I'm buying something expensive that I need a power output to check.
@squirtyPanda even at boot sales they still have to accept returns, I've done this before particularly when buying Dvds, I even often ask if they will be around later or next week if I'm buying something expensive that I need a power output to check.
It's ok for us to give you advice but after all is said and done you can't put a price on your safety so if you feel things aren't going well then give them the money and have done with it
It's ok for us to give you advice but after all is said and done you can't put a price on your safety so if you feel things aren't going well then give them the money and have done with it
Thanks everyone, i write the same things on my add, quick sale, cash only and everything is always working. When the person came, I plugged it in, turned it on and they seen themselves nothing was wrong, I was selling it as I simply don't have room for it in my new place. They were happy with it in the condition it was in, commented on the quality considering it wasn't new so I wasn't expecting this issue.
they dont have a leg to stand on, you tried and they failed to turn up. these sound like your typical time wasters when selling second hand goods. get them all the time, nothing new. in future cover yourself and state its in full working order and returns not accepted. i wouldnt give this any more of your time, they cant take you to court over it, otherwise the courts would be inundated with petty cases just like this. id tell them you showed them it working and once the money and item changed hands that was it. how they took care of the item has nothing to do with you. end of.
Caveat emptor - basically you buy something second hand you take a risk - there are no returns and realistically all they can do is take you to a small claims court which wont happen unless the item in question is worth £1000's , trust me ive been on both sides of these sort of situation in regards to buying and selling and not once has anything other then empty threats of courts etc have come through, unless you offered a refund they have no leg to stand on
Il add an authoritativie answer to this one as I practice consumer law for a living.
Basic situation is that when buying and selling second hand from a private seller, the only legal requirement is that the item conforms with its description. So it all depends on how you've described it. There are other complications that can come into this such as whether the sale was ever supposed to be a legally binding one (sales between friends or family for instance are not considered to be such as there was never an intention to create whats known as 'legal relations') and so for private sellers, who are not acting in a business capacity then there are, other than the description, very few other obligations.