TradeMe - no legal advice forthcoming

Forums › Off topic › TradeMe - no legal advice forthcoming

geekIT

2474 posts

Uber Geek
+1 received by user: 3799

#175786 11-Jul-2015 19:15

Recently (14th June), I sold an item on TradeMe. The buyer seemed way keen and opted to come the next day to pick up. He overnight pays $180 via Internet banking, but next day says road conditions are 'too dangerous' to drive the 180k. 'Maybe next weekend', he says.

Nearly 4 weeks later he hasn't shown up, despite me sending him 3 emails.

So I ask TradeMe WTF? What will they do about this? 'Squat', is their translated reply.

So I ask, 'Ok, I'm happy to resell the item (for a second time, bearing in mind I've already been paid), but what is my legal standing? If I resell, has the buyer any comeback? What does your legal team say about this?'

TradeMe's response: 'Ask the Citizen's Advice Bureau'.

Say friggin' what? This company (Fairfax) that operates as middleman in billions of dollars of internet sales can't tell me about my legal obligations?!!

What do you guys think about this?

Trump crowned? No faux King way!

1 | 2 | 3 | 4

6028 posts

Uber Geek
+1 received by user: 461

Trusted

Geekzone

Lifetime subscriber

#1341296 11-Jul-2015 19:15

Hmmmm. Here we go.

I am the Geekzone Robot and I am here to help. I am from the Internet. I do not interact. Do not expect other replies from me.

Referral links: Quic Broadband (free setup code: R587125ERQ6VE) | Samsung | AliExpress | Wise | Sharesies

Support Geekzone by subscribing (browse ads-free), or making a one-off or recurring donation through PressPatron.

freitasm

BDFL - Memuneh
80646 posts

Uber Geek
+1 received by user: 41030

Administrator

ID Verified

Trusted

Geekzone

Lifetime subscriber

#1341315 11-Jul-2015 19:30

Trade Me is a listed company, it's not Fairfax anymore.

The buyer owns the product - you probably can't legally sell it. If it's something of a good size you can always go back to the buyer and say you're going to start charging the space it uses.

Don't you have a phone number or anything for this person? Can't you search for this person on White Pages based on the email address or name and call?

Referral links: Quic Broadband (free setup code: R587125ERQ6VE) | Samsung | AliExpress | Wise | Sharesies

Support Geekzone by subscribing (browse ads-free), or making a one-off or recurring donation through PressPatron.

timmmay

20858 posts

Uber Geek
+1 received by user: 5350

Trusted

Lifetime subscriber

#1341316 11-Jul-2015 19:32

They've paid, they own it, you're just holding it. Go ask citizens advice.

scuwp

3927 posts

Uber Geek
+1 received by user: 2510

#1341319 11-Jul-2015 19:45

I have the exact same situation, although only a low priced item, probably going on 6 months now. I don't think it is for TM to be involved, and is unfair to expect them to give you legal advice after a sale is complete. Their job is done. The sale is concluded, the buyer now owns the item, ends of story. You cannot resell it, it is no longer yours. If it's big, send them an email advising them of storage charges, if not, then just keep trying to contact them. Maybe give them a deadline and leave it out on the kerb?

I guess there will come a time when you have a legal right to sell the item to 'defray costs', but what that is I don't know, need some legal advise or a bit of Googling.

I generally despair how humans seem to be incapable of basic communication these days, always expecting someone else to 'fix' things for them.

Lazy is such an ugly word, I prefer to call it selective participation

Geektastic

18009 posts

Uber Geek
+1 received by user: 8465

Trusted

Lifetime subscriber

#1341421 11-Jul-2015 22:31

geekIT: Recently (14th June), I sold an item on TradeMe. The buyer seemed way keen and opted to come the next day to pick up. He overnight pays $180 via Internet banking, but next day says road conditions are 'too dangerous' to drive the 180k. 'Maybe next weekend', he says.

Nearly 4 weeks later he hasn't shown up, despite me sending him 3 emails.

So I ask TradeMe WTF? What will they do about this? 'Squat', is their translated reply.

So I ask, 'Ok, I'm happy to resell the item (for a second time, bearing in mind I've already been paid), but what is my legal standing? If I resell, has the buyer any comeback? What does your legal team say about this?'

TradeMe's response: 'Ask the Citizen's Advice Bureau'.

Say friggin' what? This company (Fairfax) that operates as middleman in billions of dollars of internet sales can't tell me about my legal obligations?!!

What do you guys think about this?

Sounds about right. IMO Trade Me charge huge fees for nothing but some software and some hosting. They offer no buyer protection or any of the other Ebay type benefits and seem quite content to do as little as possible for their huge cut.

Sadly they are the only realistic game in town for now.

Sidestep

1019 posts

Uber Geek
+1 received by user: 567

Lifetime subscriber

#1341441 11-Jul-2015 22:47

Seems strange they'd pay so promptly then not pick up.

Does the buyer have generally good feedback? If they do, then there might be a valid reason for their no-show... death in the family, meteorite strike, alien abduction..

Try giving them a red face & say "will change feedback when you pick up item"?

Dyson

Shop now for Dyson appliances (affiliate link).

andrewNZ

2487 posts

Uber Geek
+1 received by user: 1461
Inactive user

#1341501 12-Jul-2015 09:22

I wonder if you could refund the money less the success fee. and then resell it. There'd need to be a good notice period though.

k1w1k1d

1711 posts

Uber Geek
+1 received by user: 1305

#1341505 12-Jul-2015 10:05

"Successful bidders are TO PAY WITHIN 3 BUSINESS DAYS of the auction closing,
PICK UP WITHIN 5 BUSINESS DAYS of the auction closing.
Items may be relisted after these dates even if the items are paid for, due to storage constraint."

Turners have the above clause in all their auctions to stop the problem you are having.

As suggested, contact Citizens Advice Bureau or your lawyer for advice.

As the buyer has paid for the item, and there was no completion date specified, you may have to keep the item in a safe and secure location until the buyer decides to collect it.
CAB etc will be able to advise if this is correct, how long you have to keep it before you can start proceedings, and the steps you have to take to dispose of the item.
Keep a record of all your communications with the buyer.

Good luck.
Hopefully it is just a glitch that will be sorted soon.

Rikkitic

Awrrr
19062 posts

Uber Geek
+1 received by user: 16302

Lifetime subscriber

#1341511 12-Jul-2015 10:39

Maybe the purchaser has died, or been in a serious accident, or suffered some other major tragedy that is preventing communication. Anything is possible. No reason to automatically assume irresponsibiity. Why not give the benefit of doubt and just keep the item for a time?

Plesse igmore amd axxept applogies in adbance fir anu typos

andrewNZ

2487 posts

Uber Geek
+1 received by user: 1461
Inactive user

#1341516 12-Jul-2015 10:56

Not totally on topic, but.
Have the people recommending the CAB ever used actually them?
I have on three occasions, and they were a waste of time every time.

The CAB is nothing more than a bunch of people with some worldly experience and a phonebook.

If anyone is looking for legal advice, the CAB is not a place they should go. Either see a lawyer or visit the local community law center.

...Or ask the internet, cause that's where the legit advice comes from.

MikeB4

MikeB4
18775 posts

Uber Geek
+1 received by user: 12765

ID Verified

Trusted

Subscriber

#1341517 12-Jul-2015 11:00

Give it some more time, they may have taken ill after all you have been paid so you are not losing anything

Here is a crazy notion, lets give peace a chance.

Samsung

Shop now on Samsung phones, tablets, TVs and more (affiliate link).

Batman

Mad Scientist
30012 posts

Uber Geek
+1 received by user: 6217

Trusted

Lifetime subscriber

#1341542 12-Jul-2015 12:32

Buyer owns the product mate. Unless you refund him successfully better hold on to it

stevenz

2802 posts

Uber Geek
+1 received by user: 125

#1341624 12-Jul-2015 15:48

And whats with the GZ robot's snarky "Here we go" comment on every thread mentioning TM?

@KnightNZ

mattwnz

20515 posts

Uber Geek
+1 received by user: 4795

#1341633 12-Jul-2015 16:27

joker97: Buyer owns the product mate. Unless you refund him successfully better hold on to it

This is an Austrlain law regarding this http://www.consumer.vic.gov.au/shopping/refunds-and-returns/uncollected-goods-left-for-repair-or-treatment . Not sure if there is a NZ law, probably not knowing our laws. However I believe is there is something in the Contract of Carriages act about unclaimed goods http://www.legislation.govt.nz/act/public/1979/0043/latest/whole.html . But get professional advice.
IMO they may still collect the goods, as it isn't a large amount of time. I have been in similar situation, and they took 3 months to pick them up.

mattwnz

20515 posts

Uber Geek
+1 received by user: 4795

#1341635 12-Jul-2015 16:28

stevenz: And whats with the GZ robot's snarky "Here we go" comment on every thread mentioning TM?

And fair enough too, as there are many grey areas with buying and selling goods.

1 | 2 | 3 | 4