Buyer claims an item is faulty after inspected purchase

Forums › Off topic › Buyer claims an item is faulty after inspected purchase - trademe

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Networkn
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#726143 3-Dec-2012 13:34

It's a pain, however at the end of the day I'd give them a refund. I agree it's unlikely it was caused by the buyer and think how you would feel if you dropped hundreds of dollars and found it to be faulty.

bagheera

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#726148 3-Dec-2012 13:39

and Contractual Remedies Act says http://www.consumeraffairs.govt.nz/for-consumers/shopping/where-you-buy/online-auctions

The Contractual Remedies Act may give you some protection when you are buying from a private seller. However, to seek a remedy under this Act you must show:

you were persuaded to buy the item by what the seller said about it, and
what the seller said was untrue, and
the seller’s untruths caused you to lose money – eg, by having to pay for repairs when the seller told you the item was in excellent condition.

the fact you let her look at and test the item will make it hard for her to say it was not what you said -ie in good working order.

xpd

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#726149 3-Dec-2012 13:41

BraaiGuy:

You do realise that by using your moms account you are breaching Trademe's T&C?

There goes 75% of TradeMe's users.

Regardless of that fact, the buyer was happy with the goods at the time of purchase, unfortuantely its tough bikkies... Ive had the same happen to me with "great condition" goods, asked for refund, was refused, so lived with it.

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mattwnz

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#726167 3-Dec-2012 13:54

the fact you let her look at and test the item will make it hard for to say it was not what you believe to be a true statement of in good working order.

Although with a complex item like a computer, a reasonable person will not be able to fully inspect everything in a small amount of time. To fully test it, would mean doing all sorts of tests on it, which could take several hours. Thats why I wouldn't pay more than $100 for a second hand computer, as it is a risk.
If they however signed something to say that they had received the goods in good working order, then that may be different.
In this case however it sounds like the buyer did contact them as soon after buying it, that they noticed the problem. In this case I don't think anyone is at fault, it is just one of those things. I guess the buyer could always hook it up to an external monitor if the lines bother them.

If the seller does decide to refund them, then they should be able to claim back the commission from trademe as the sale didn;t go through.

Klipspringer

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#726169 3-Dec-2012 13:55

xpd:
BraaiGuy:

You do realise that by using your moms account you are breaching Trademe's T&C?

There goes 75% of TradeMe's users.

Regardless of that fact, the buyer was happy with the goods at the time of purchase, unfortuantely its tough bikkies... Ive had the same happen to me with "great condition" goods, asked for refund, was refused, so lived with it.

I agree totally ...

But if I was in the buyers shoes here, and I was told that I cannot get a refund, then this may be an avenue I would explore to get my money back.

The seller should not be selling on trademe. And I am sure if this did come before the small claims court the buyer may just have grounds for a refund

networkn

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#726170 3-Dec-2012 13:55

mattwnz:

the fact you let her look at and test the item will make it hard for to say it was not what you believe to be a true statement of in good working order.

Although with a complex item like a computer, a reasonable person will not be able to fully inspect everything in a small amount of time. To fully test it, would mean doing all sorts of tests on it, which could take several hours.
If they however signed something to say that they had received the goods in good working order, then that may be different.
In this case however it sounds like the buyer did contact them as soon after buying it, that they noticed the problem. In this case I don't think anyone is at fault, it is just one of those things.

If the seller does decide to refund them, then they should be able to claim back the commission from trademe as the sale didn;t go through.

Yup I agree with this. It's unfortunate but the seller should wear this on the chin.

boby55

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#726204 3-Dec-2012 14:48

I see this in two minds, As a buyer I can imagine this would be frustrating getting home and seeing these issues, But as a Seller the buyer came inspected it and agreed it was fine and brought it.

I wouldn't personally give a refund,

If the lines weren't there before I would say they were caused during transport by having pressure on the screen (lying it screen down in the car on a non flat seat).

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NonprayingMantis

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#726205 3-Dec-2012 14:50

caveat emptor - buyer beware.

she had an opportunity to test and discover any faults. she knew she was biuying second hand.

If she wanted guarantees about quality then she should have bought new.

I say tough luck for the buyer.

wellygary

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#726232 3-Dec-2012 15:11

she was a digital artist and therefore needed the screen to be in perfect condition,

But she will not get it checked by a professional, and did not change your screen saver to a blank one so she could check the screen to pass her "perfect condition" test.....

Oh yeah, and this "digital artist" is buying a 5 year old computer, if it needs it to be perfect the only way to guarantee that is to check it yourself (which she did) or buy new,

Nah, she has no leg to stand

Maisy

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#726235 3-Dec-2012 15:13

Goodness me, what a lot of replies, thank you everyone for your time.

* Re using my Mother's account:

Eek, no I had not realised that this was a breach of terms, oh dear. Funnily enough, the buyer was using her husband's account, so if she uses this avenue to lay a complaint she will be equally liable. Interesting that TM does not highlight this, as I imagine that many households use only one account collectively. I suppose there are a lot of T&C that people don't read, Trademe can only do so much to make people aware.

* Regarding the possibility that the lines are indeed a longstanding issue, and thus taking this on the chin (ie providing a refund):

If she were willing to get a professional opinion on the matter .... Ordinarily this would be my course of action as I have a terribly hard time saying "no" to people and I prefer to be as accommodating as possible.

However in this circumstance such actions will bring about large consequences which I did my best to avoid (by offering viewing before bidding and offering inspection before purchase). The money had been budgeted for and is now spent (I'm a poor student). Failing selling my iPad, which I really do need for Uni, I can't see a way to gather the money in less than a few months.

So, unfortunately, I guess I am more inclined to ask that the buyer take this one on the chin... If she was looking for a professional tool in perfect condition, it really was her responsibility to ensure that the computer suited her requirements. As it sounds like a very minor issue which would be inconsequential to an average user, I imagine that she should have no problems selling it on?

* The computer was bought new in 2008, and I provided the buyer with the original receipt from this purchase. However I imagine that given the amount of time that has passed, consumer guarantees will no longer apply?

networkn

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#726240 3-Dec-2012 15:17

Maisy.

I understand what you are saying, but if you bought the computer from her, and when you got it home noticed this issue, which is pretty much sure to have existed but gone unnoticed before, would you be happy to accept it wasn't in good condition? What does the description of the auction say? Fault free? Excellent Condition? If so, you have an obligation to refund her.

I would take it back and relist it and note the lines on the screen and say they aren't present on dark backgrounds. Someone with less requirement around this will buy it for less but you will still be rid of it, and have a clear conscience.

Maisy

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#726242 3-Dec-2012 15:23

networkn: Maisy.

I understand what you are saying, but if you bought the computer from her, and when you got it home noticed this issue, which is pretty much sure to have existed but gone unnoticed before, would you be happy to accept it wasn't in good condition? What does the description of the auction say? Fault free? Excellent Condition? If so, you have an obligation to refund her.

I would take it back and relist it and note the lines on the screen and say they aren't present on dark backgrounds. Someone with less requirement around this will buy it for less but you will still be rid of it, and have a clear conscience.

Hmm, but what about my safety as a seller;

As it will take me at least a couple of months to save up the money to repay her, how am I to ensure that she does not damage the computer in this time? I suppose in theory we could consider an arrangement wherein, after collecting the funds, I could then inspect the computer and then, if the computer was still in good condition (minus these lines), offer a refund. Sigh! This is no fun :'(

Maisy

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#726243 3-Dec-2012 15:24

wellygary: she was a digital artist and therefore needed the screen to be in perfect condition,

But she will not get it checked by a professional, and did not change your screen saver to a blank one so she could check the screen to pass her "perfect condition" test.....

Oh yeah, and this "digital artist" is buying a 5 year old computer, if it needs it to be perfect the only way to guarantee that is to check it yourself (which she did) or buy new,

Nah, she has no leg to stand

Yup, this is a pretty good summary of my thoughts on the matter!

Maisy

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#726244 3-Dec-2012 15:27

Maisy:
networkn: Maisy.

I understand what you are saying, but if you bought the computer from her, and when you got it home noticed this issue, which is pretty much sure to have existed but gone unnoticed before, would you be happy to accept it wasn't in good condition? What does the description of the auction say? Fault free? Excellent Condition? If so, you have an obligation to refund her.

I would take it back and relist it and note the lines on the screen and say they aren't present on dark backgrounds. Someone with less requirement around this will buy it for less but you will still be rid of it, and have a clear conscience.

Hmm, but what about my safety as a seller;

As it will take me at least a couple of months to save up the money to repay her, how am I to ensure that she does not damage the computer in this time? I suppose in theory we could consider an arrangement wherein, after collecting the funds, I could then inspect the computer and then, if the computer was still in good condition (minus these lines), offer a refund. Sigh! This is no fun :'(

... But even then, one of us would need to be willing to arrange a professional inspection to determine whether the lines were caused by transportation (she put it in her boot to take it home) or whether they are indicative of longstanding deterioration. The fact that neither of us saw these lines prior to the purchase makes me feel cautious about taking responsibility without information from a neutral third party.

bagheera

539 posts

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#726248 3-Dec-2012 15:32

Maisy:
wellygary: she was a digital artist and therefore needed the screen to be in perfect condition,

But she will not get it checked by a professional, and did not change your screen saver to a blank one so she could check the screen to pass her "perfect condition" test.....

Oh yeah, and this "digital artist" is buying a 5 year old computer, if it needs it to be perfect the only way to guarantee that is to check it yourself (which she did) or buy new,

Nah, she has no leg to stand

Yup, this is a pretty good summary of my thoughts on the matter!

same - have also had line on monitor caused by moving house - was fine before move but was move with something touching the screen which caused the lines (and have never trusted anyone to move my pc / monitor ever again - always move it myself and normal a special trip with just the pc so not to over load the car) - when buying from trade me, i always buy knowing i have no come back if it what advertised - as she check it and said she was happy with the pc, it a done deal at that point. The only sicking point is it not your trade me account

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