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5136 posts

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  # 1578953 23-Jun-2016 12:43
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Caveat emptor

And especially on civil matters.



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  # 1579235 23-Jun-2016 20:18
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nathan: Caveat emptor

And especially on civil matters.

 

 

 

One would argue that Cavat Emptor no longer applies, especially in this case and of course considering the consumers right act.

 

 

 

The concept can often be nullified since there is many variables specially distance involved, where the buyer is left on the description and trust of the seller where seller wont allow pickups or viewing, in other words no way of inspecting said goods.

 

I think Utilitarian Ethics apply far more in this case then this dog eat dog Caveat Emptor which although a good concept like many can easily be corrupted and used as a device by certain sellers with intent to deceive against possible buyers.


 
 
 
 


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  # 1580613 26-Jun-2016 18:18
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PetAT:

 

nathan: Caveat emptor

And especially on civil matters.

 

One would argue that Cavat Emptor no longer applies, especially in this case and of course considering the consumers right act.

 

The concept can often be nullified since there is many variables specially distance involved, where the buyer is left on the description and trust of the seller where seller wont allow pickups or viewing, in other words no way of inspecting said goods.

 

I think Utilitarian Ethics apply far more in this case then this dog eat dog Caveat Emptor which although a good concept like many can easily be corrupted and used as a device by certain sellers with intent to deceive against possible buyers. 

 

Interesting paper on the 'death' of caveat emptor here. I'm a bit yes and no on whether the phrase applies in this case. On one hand you can't physically examine the goods. Even if you were in the area the seller (if I've read right) didn't allow pickups. On the other hand (again, if I've read right) the seller has quite a number of negative feedbacks which should have raised red flags.

 

There is no Consumer Rights Act. There is, however, a Consumer Guarantees Act. This act applies to businesses and persons 'in-trade'. Does the seller fall into either of these categories? I'll assume 'no' and point you instead in the direction of the Sale of Goods Act.

 

You're obviously unhappy and can't do anything via Trademe as safe seller was not an option. I would recommend you get some advice from a friendly legal volunteer at your local CAB and look at taking the seller to the Disputes Tribunal - it's set up for exactly this kind of thing. Caveat venditor may be a better phrase to apply.


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