Rights when selling on trademe

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merve0o0

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#70830 31-Oct-2010 22:45

My mum just sold an old table on trademe. The buyer bought using buynow and payed straight away. They came and picked it up today and seemed happy with it. It was set up for them.

Mum just got an email from them saying that they are not happy with it. Say it wobbles, is crooked, and complained about the top being held on with nails.

They are now asking for 1/2 their money back.

My thought is to go pick up the table and give their money back but I don't have a car it will fit in. And they live out of town

I kind of feel they are just trying to get the table for cheaper.

robbyp

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#398286 31-Oct-2010 23:24

merve0o0: My mum just sold an old table on trademe. The buyer bought using buynow and payed straight away. They came and picked it up today and seemed happy with it. It was set up for them.

Mum just got an email from them saying that they are not happy with it. Say it wobbles, is crooked, and complained about the top being held on with nails.

They are now asking for 1/2 their money back.

My thought is to go pick up the table and give their money back but I don't have a car it will fit in. And they live out of town

I kind of feel they are just trying to get the table for cheaper.

I think it is the buyers risk to a point, especially if second hand, as they can't expect it to be like new. Not unless there was an obvious defect with it, that wasn't disclosed in the auction.

A table would be relatively easy to fix. Often it is the glue on them that fails. You just take it apart, re-glue , and it is as good as new.

Some people however just offload defective goods on trademe, without disclosing their defects, which is wrong. They then say, well it is second hand, what do you expect, which isn't a good enough argument.

Ragnor

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#398288 31-Oct-2010 23:30

It's an auction, If they weren't happy with the price they shouldn't have bought it. If they wanted more information on the condition of the item before they bought it they should have asked.

Consumer gaurantees act etc does NOT apply to auctions.

robbyp

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#398289 31-Oct-2010 23:38

Ragnor: It's an auction, If they weren't happy with the price they shouldn't have bought it. If they wanted more information on the condition of the item before they bought it they should have asked.

Consumer gaurantees act etc does NOT apply to auctions.

They purhcased with buy now, so it wasn't strictly purchased by auction.
The CGA doesn't apply, but if the buyer thinks they have been misled, they are within their rights to take the seller to the disputes tribunal for a refund. If there was an obvious defect, the defect should have been disclosed, and the items condition should have been fully disclosed in the advertisement.

muppet

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#398300 1-Nov-2010 06:37

They came and picked it up, THEN moaned about it?

Pffft. Tell 'em to stick it up their a*se!

Politely, of course.

Audiophiles are such twits! They buy such pointless stuff: Gold plated cables, $2000 power cords. Idiots.

OOOHHHH HYPERFIBRE!

johnr

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#398301 1-Nov-2010 06:58

muppet: They came and picked it up, THEN moaned about it?

Pffft. Tell 'em to stick it up their a*se!

Politely, of course.

+1 tell them to use it for fire wood

kiwitrc

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#398303 1-Nov-2010 07:14

Tell them you have already spent the money renewing your Mongrel Mob subscription for 2011.

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merve0o0

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#398304 1-Nov-2010 07:29

The defects she was a ware of were shown to them it was never wobbly for the years we had it. I did notice when I put it together that the side bits didn't line up properly when I'm sure they use to. So it may have got a bit twisted having been in storage since the start of the year.

I never saw the auction but my mum is pretty honest so I'm sure she wouldn't of tried to say it was something it's not.

I may see if I can get hold of a mate with a van.

scuwp

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#398308 1-Nov-2010 07:50

merve0o0: I may see if I can get hold of a mate with a van.

I take it from that you have decided to give them a refund and collect it at your expense? Personally, like others on this thread I would say buyer beware. They had the chance to inspect it before paying for it, if they change their mind later then thats tough, your mum ain't running a retail store!

I think they are trying it on personally.

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

itxtme

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#398325 1-Nov-2010 08:27

if they dont want it tell them to bring it back in the same condition and give them their money back

NonprayingMantis

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#398330 1-Nov-2010 08:33

+1 for the "the time to inspec the table was when they picked it up."

Paulthagerous

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#398336 1-Nov-2010 08:39

NonprayingMantis: +1 for the "the time to inspec the table was when they picked it up."

+2. Too late now. Quite easy to test if a table wobbles...

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Jaxson

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#398379 1-Nov-2010 09:39

Yeah sorry I'd pass on a refund on this one and explain those points in the inevitable bad feedback that will follow.

The buy now option will need clarifying by trademe I think. I was under the impression that a buy now purchase does actually mean the CGA applies. I'm tempted to drop any of these from my auctions from now on to avoid any issues with this, unless it's a new item I'm prepared to cover. Either that or put 'Selling as is' on the auction or something.

Either way, the time to ask questions is always prior to bidding or clicking the buy now button. And the time to inspect was at pickup and they had no issue with it then.

NonprayingMantis

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#398384 1-Nov-2010 09:45

Jaxson: Yeah sorry I'd pass on a refund on this one and explain those points in the inevitable bad feedback that will follow.

The buy now option will need clarifying by trademe I think. I was under the impression that a buy now purchase does actually mean the CGA applies.

not true, the CGA only applies when buying from businesses. Private sale is very much Caveat emptor (N.B. some traders on trademe are businesses, and so the CGA does apply)

Having said that, if you use buy now, then when picking up find the item is not as described, you are well within your rights to refuse to go ahead with the purchase.

Jaxson

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#398392 1-Nov-2010 10:01

Oh true, thanks for clearing that one up NonprayingMantis.

Seems it does apply if the buy now button is used, but only if they are a 'professional seller', not a family etc selling the odd one or two things.

http://www.parliament.nz/en-NZ/PB/Debates/Debates/2/1/2/49HansD_20100616_00001425-Consumer-Guarantees-Amendment-Bill-First.htm

and from

http://www.burgess.co.nz/law/online-auctions-and-the-consumer-guarantees-act

Generally speaking, if you meet all these conditions:
1. Buy a “personal, domestic, or household” item for your personal (non-business) use
2. For a fixed price (i.e. on a “Buy Now”)
3. From a seller who is “in trade” (not a one-off seller, like a family selling their bike, but a regular dealer / shop / importer / etc)

then the Consumer Guarantees Act WILL usually apply. That means you have a number of rights against the seller (which cannot be contracted out of). See sections 5 to 13 of the Act in particular: http://www.legislation.govt.nz/act/public/1993/0091/latest/DLM311053.html