Nightmare On Gumtree (Buying & Selling)

L[Deactivated] on 29/11/2016 - 15:06
Last edited 05/12/2016 - 07:57 by 1 other user

Hello everyone,

I purchase a brand new Dyson vacuum cleaner early this year. I bought it from a guy in Gumtree where he said he got it from Harvey Norman. I trusted him because the vacuum cleaner looks new ( no single scratch at all).

Around a week back, I posted an ads in Gumtree trying to sell the vacuum cleaner due to no longer needed. I advertised it with the model as the title plus attached multiple photos of the vacuum cleaner itself and with all the accessories. In the description, I just wrote "Excellent condition. Powerful Vacuum." as I am too lazy to wrote more information due to the title explain the item itself.

A women interested with the vacuum cleaner and contact me with bunch of question. I have explain to her that I got it brand new early this year and I no longer needed due to I have a Samsung robot who can vacuum the unit. Later that day, she ask her fiance to paid for the item and pick up the vacuum cleaner roughly around 4pm.

When her fiance came to pick up the vacuum cleaner, I show him the photo of the vacuum cleaner plus pointing in details all accessories listed in the ads. I also wanted to tested the vacuum but her fiance said do not need it as he trusted me.

Around midnight, I got a text from her saying that the vacuum cleaner is not as what she expected. She said I lied to her about buying it early this year as that is not the model as she expected. and asking if she can have her money back. In the morning, I replied to her explaining that I did not lied to her and she could not have her money back as I do not think refund policy is there for buying selling in Gumtree.

After my replied, she keep accusing me that I lied about buying it early this year. She said that she also contacted Dyson, and Dyson said it is bought in December 2010 and threatening to proceed further action if i did not give her back her money.

I then replied to her mentioning that there is no refund policy. Beside, her fiance already inspect it (comparing with the photo that I posted in the Gumtree ) before he paid for it.

What should I do? I do not want to give her back her money as her fiance has inspect the item before he paid for it.

What is the best way to do it?

Thank you in advance for all your opinion or comment and apologies for super long story.

Note: I have delete the post from gumtree but google have a cache of the ads. here is the link: http://webcache.googleusercontent.com/search?q=cache:ptT5C1h…

Thanks guys for all the suggestion about my issue. I am glad that I went for the right place to seek for suggestions.

Poll Options

  • 51
    Return her the money and take the vacuum back
  • 370
    Just ignore her
General Discussion

Related Stores

Gumtree
Gumtree

Comments

  • stonkered on 02/12/2016 - 06:21
    -1

    It's easy for us to sit here and say return it, but I reckon it would be a great thing to do, you woukd be a great and fair man in my eyes, rising above the gumtree filth.

    Or you could just tell her she should of bought a Miele.

  • netsurfer on 02/12/2016 - 07:46
    +2

    OP's definition of new = any item with no single scratch… That's an interesting definition.
    As a seller, when selling, it is best to be honest and under advertise. It is better to let the buyer have low expectation, rather than high expectation.

    Unless the item is a consumable or a voucher (and the buyer has used it), I will allow return and provide full refund (and I will fork out the return postage).

  • frostman on 02/12/2016 - 08:24
    +2

    Hold on guys, you're jumping too quick with the "Ignore her."

    First of all here are some plot holes in this person's narrative:

    I bought it from a guy in Gumtree where he said he got it from Harvey Norman. I trusted him because the vacuum cleaner looks new

    When Selling:

    I have explain to her that I got it brand new early this year and I no longer needed due to I have a Samsung robot who can vacuum the unit.

    "Looks new" and "Brand new" are 2 totally different things. What it sounds like was you told the woman you effectively bought it brand new assuming 2016, when in fact it was purchased by the guy before you back in 2010.

    For all intents and purposes the guy could have been using it for 5 years prior to you. Who gives a shit if YOU couldn't see any scratches? What if he lived alone and took care of it? Then you used it for almost 12 months trying to sell it off to the lady that you bought it brand new this year.

    You are a lying cheat who was conned by the first buyer so you decided to pass the buck, you will spend your money gravely.

    I can guarantee you had you told the lady you bought it from a guy on Gumtree, she wouldn't have purchased it for $450

    • guysmiley on 06/12/2016 - 00:48
      +1

      Talk about jumping too quick.

      If that seller said that he "bought it new" of a guy within a year, then it the buyers fault for not getting the original purchase receipt.

      It is the buyer's fault for not doing a few minutes of research to establish that the DC23 is a model that is no longer made, and it would be hard to buy one "brand new," maintaining any form of warranty

      If the buyer was unsure, she should not have purchased it, or received in writing, the express permission of the seller to return it, call it a "cooling off period"

      From what I understand, this seller did nothing wrong, and you are far too quick to white knight this situation without establishing all of the facts.

      I guarantee that anyone that knows, even a modicum of information, or has the sense to search for it, would not have purchased a Dyson DC23 for $450, in the last few years.

      I would repeat. IGNORE HER.

      I'm sure he will spend his money however he seems fit.

      :)

      • frostman on 06/12/2016 - 13:11
        +1

        From what I understand, this seller did nothing wrong, and you are far too quick to white knight this situation without establishing all of the facts.

        I don't think you've understood much.

        he's clearly stated to the woman he got it "brand new" when it wasn't "brand new". Just because he got conned by the previous seller doesn't mean he uses the same tactics that he failed to pick up on. He should have stated that he purchased it from Gumtree, end of the story.
        He probably said he bought it brand new and lost the receipts which is why it was sold to the woman.

        This is like my buying a car, 8 months later realising it's a write-off and then posting it on Car Sales as a "excellent condition" car.

        Pull your head out,

        • guysmiley on 06/12/2016 - 17:03

          I've understood all the information that was provided by OP, you seem to be siding with the buyer in this instance.

          He can state whatever he wants to a potential buyer, whether they choose to believe him is a different matter.

          Even if he said he purchased it Brand New, that certainly doesn't prove that it is, and if he is unable to provide any form of evidence of this fact, then the item in question is "used in excellent condition" as per his original listing. If the buyer is stupid enough to accept his "brand new" story, she should have arranged some kind of cooling off period, while she checked for any applicable warranty.

          I mean who in their right mind pays $450 for a DC23 anyway? It is not the most recent model, it isn't even n-1, or even n-2 for that matter.

          Given the information presented by OP, I would still contend that he should ignore her, she bought it, her problem now.

          The example you provided wouldn't really work, as you are obliged to provide a pit report when selling a used car, as the buyer you are also allowed to have a licensed mechanic look over the car before purchase. If a buyer asks you a specific question like "What condition is the car in, and is there any issues not shown in the photos?" or "Will it pass a roadworthy inspection?" and you knowingly deceive the buyer, then they would have every right to take you to Court to retrieve their money.

          You are being knowingly fraudulent, as far as we know OP was not.

          I understand that you might be upset, but ad hominems don't win arguments, arguments should stand and fall on their own merits.

          Better luck next time.

          :)

  • andyken on 02/12/2016 - 09:51
    +2

    just ignore her, she cant do jack sh*t, i once bought an ipad, she said it was 64gb and turn out it was only 32 gb, its my fault, but all i can is sending her a text and call her and eventually she ignored me and all gone like a dust. it is her fault by putting 64gb (in fact it was 32gb) and my fault did not check that specs before i handover the money

  • kaihoc on 02/12/2016 - 12:25
    +1

    Don't have to worry. Just tell them you sold as is. You are not a business or shop. And tell them clearly that you won't give any money back. Even if they call you or come to your home.

    I don't think they would do any further action as it will cost more and time. Even police would not accept this kind of thing. Just trying to scare you and refund.

    • ahara on 02/12/2016 - 20:10

      Correct, even businesses don't have a requirement by law to offer returns due to change of mind. Most do because of being customer friendly and long term retention.

      Unless it's substantially different to what you were offering (broken vs working) then you are under no obligation to offer refund or accept the return.

      Her husband clearly did not care and the result sucks do her. Bad luck

  • lazza32 on 02/12/2016 - 12:34
    +1

    They had an opportunity to check the item prior to cash being handed over. There is no statutory requirement for you to refund her.

  • ozbjunkie on 02/12/2016 - 16:26

    Sales are final, you have no way of knowing how they have treated the machine in the mean time. No reason to expose yourself to that risk.

  • lowndes8 on 02/12/2016 - 16:44

    Too bad he loss no way i would be refunding her.

    "threatening to proceed further action if i did not give her back her money"

    So is she threatening you? If so tell her you take threats very serious and will notice the police.

    I always meet people at shopping centers as i dont want people knowing where i live.

  • mataeka on 02/12/2016 - 18:36

    You're not required to refund - Consumer law is on your side - you are exempt from selling even if you sell with a fault I'm pretty sure - its the onus on the buyer confirming electronics work etc. look up garage sale consumer law - it falls under that send them that and say sorry if they're not happy but they can resell it if that's the case. However all sales are final.

  • pixxelpusher on 02/12/2016 - 21:07
    +1

    This is interesting, as far as I know the DC23 is discontinued so don't know how anyone would think it's a current model, and obviously shows they didn't do any research. I mean I may be different but who goes into a store these days and buys something blindly off the shelf or on the "trust" of a store salesman? Buyers need to take responsibility of their purchases.

    The DC37C would be the current equivalent: https://www.thegoodguys.com.au/dyson-dc37c-origin-barrel-vac… or the Cinetic Big Ball: https://www.thegoodguys.com.au/dyson-cinetic-big-ball-animal… which have a very different design, especially to wheel and handle section.

    As a buyer I hound the seller like a stalker for more information and photos (but in a nice way :P ) to make sure I really know what I'm buying, and then double check with independent information online. So I'd say the buyer was just lazy, so boo-hoo to them. I've also come across sellers who hold onto information like a hawk, most likely hoping they can make more money on buyers naivety (yes sellers I'm onto you!). On the flip side, there's no way I'd pay $450 for a DC23, maybe $150-200, so yeah they got ripped :D.

    As a seller I'm relatively new to Gumtree but have found it a terrible medium to sell in, but that could just be my location. Buyers stuffing me around for weeks, and wanting items for less than half the listing price (even when I've listed at a huge discount). This is why I'd say too bad if someone complained, as it seems to take a miracle to get a sale in the first place. eBay's getting just as bad, I've been a long time seller on there and seen in the last 5 years buyers getting more petty and wanting to cancel auctions after they've won, or return items after they get them, even though I always state in the listing for them to ask questions first and all sales are final. I'm not Gerry Harvey, and if I was I'd have better things to do, like sailing my yacht around Sydney Harbour.

  • Donaldhump on 02/12/2016 - 21:19
    +1

    caveat emptor

  • visionistnz on 02/12/2016 - 21:51
    +2

    I own a number of different Dyson models but honestly $450 for a secondhand dc23 sounds a bit too much. She must have really thought that she was buying a current model.

  • craigoss on 03/12/2016 - 00:35

    If I was the buyer I would feel misled but I'd cop it on the chin knowing that I stuffed up. I really don't think you owe her a refund. The way I see it you gave them every opportunity to inspect it and they chose not to. Had it been an entirely online transactor where they didn't get to inspect it then I think a refund would be fair (based on the description) but given that they were happy with it when they walked out the door then tough luck for them.

  • vietken89 on 03/12/2016 - 07:28
    +1

    transaction is done, 2nd hand item…dont bother refund just ignore her.

    I sold an iphone, fully tested and running in the morning, sold at noon, in the afternoon the girl complained the speaker was working, the phone isn't reading my sim etc IGNORED.

    sold a ps3, same drill with the testing, met the guy at maccas in the afternoon by the evening he told me it wasn't turning or registering his tv. IGNORED

    My advice ignore the lady. :D

  • chefdillu on 03/12/2016 - 08:03

    Its a private sale , They checked it they bought it and paid cash , She can do jack, Tell her not to contact you anymore, she can do what she wants and do not reply anymore.
    No refunds for change of mind , this is your policy :)

  • sagitox on 03/12/2016 - 16:02
    +1

    Ignore her. Item is sold, no refunds.

  • aero11 on 03/12/2016 - 17:34

    Regardless of whether you bought it brand new or not in the beginning should be besides the point, you advertised it as being used.

    Also, who says you can't buy a brand new but old model vacuum cleaner this year? Just because you buy it brand new this year, it doesn't imply that it's the current model. She should have checked the model number when picking it up.

  • richmond12 on 03/12/2016 - 22:59
    +1

    Haha dyson dc23 for $450, you ripped her pretty good. Good deal for you so good work and its their fault if they do no research.

    I used to have that dyson over 2 years ago, didnt get that much when i sold it! Kudos to you!

  • [Deactivated] on 05/12/2016 - 07:59
    +1

    Thanks guys for all the suggestion about my issue. I am glad that I went for the right place to seek for suggestions.

  • CheepAsChips on 05/12/2016 - 16:08

    In my humble opinion.
    Honesty and goodwill builds a good reputation.
    Do you have the strength & honour to offer a refund.

    To avoid future issues improve your communication & translation skills, maybe take a course do some research.
    You don't want ghosts haunting you later.

  • AlienC on 30/01/2017 - 13:35

    Lol if you decide to meet up at your house you must have a weapon or gun or are prepared for some sort of confrontational action.

    train stations for me are always a good meet up as it is very public and easy to see people.

Login or Join to leave a comment
Login Join