Sold Item on OzBargain - Buyer Threatening Police Action

Hi Ozbargainers,

I recently purchased 2 Xbox One X's bundles only to realize I had no need for the second bundle.
https://www.ozbargain.com.au/node/524064

So I put up a message saying I was selling it at cost price and was private messaged.
I messaged the buyer and we met up, It was a very cordial meet.

I had forgotten the bonus controller that was part of the bundle so offered to discount $70 off the cost (Which is the RRP price of a new controller) which I thought was more than reasonable and the buyer accepted.

I had advised the buyer that the seal had been broken and I had opened it to ensure the contents were all correct.
Game code and other items all sealed.

The buyer claims I sold him a second hand machine now and wants a refund as he believes the machine is 2 years old (Apparently serial says it's out of date) , He has advised that he will contact the police, My employer (Via Linkedin) and essentially anyone he can via my social media presence.

I've provided him the exact tax invoice that was sent to me and believe he should pursue it with Microsoft. I do not feel like I should have to take the purchase back as it was all made in good faith, I had offered for him to check all the contents with me at the meetup but he declined.

He is now saying I should take it back as it might be infected by Corona Virus and he doesn't want a second hand item.

What is my legal requirement in this regard?

Thank You

RESPONSE TO THE BUYER - https://ibb.co/r294K6b


11/4. Mod Note:

  1. Do not post personal details of other users. Guidelines
  2. User(s) who have an undisclosed relationship with other users, and used that relationship to artificially comment/mislead others, including false profile information, have had comments removed and account banned.

Poll Options

  • 968
    Ignore Buyer and Stand Firm
  • 222
    Take the item back and make a loss

closed Comments

      • +1

        Nope, not just you. Had to open it on my iPad mini and barely made out what it said

        • I give up on guessing op's response

      • +4

        If you're on a mobile device imgur gives you a crappy low resolution version of the image.

      • +4

        Perfectly clear on my PC, not a pixel out of place.

      • +20

        Buyer

        Hi I have not heard from you and I am a certain you have cheated me by giving me used XBox ( 2 years old) where as you were to provide me the Brand New XBox.

        Now there are few things that I want you to do right now.

        1.) Please clarify that you are in good health and are not infected by the recent Corona Virus or any other infection to cause harm to me or my family. This is very serious and concerning to me. I had no intention of getting a used stuff into my house during these unprecedented times. You have put me in great danger.

        2.) I fail to understand why would you cheat over such a small amount of money. You have an option to be upfront, tell me what you did and why, and take that stuff and return me my mon,.

        3.) Please be advised that I plan to follow up wth a Police complaint and also try to locate you using facebook, linkedin, talk to your Mother (if that conversation was correct) and employer ARWEretc).. And all future liabilies are yours.

        All your profiles on Linkedln and Facebook are old, quite strange but still good enough to trace you.

        There is still time to come clean and do what is right.

        OP

        Hi

        Thank you for your message. At no point was there any intention or deception on my part with this private transaction. I had provided you the opportunity to inspect all items at the point of sale which you had declined. I was up-front and honest about me opening the seal to ensure all items were packaged and present.

        Note all game codes and paraphernalia were sealed and intact

        1) I have self-isolated and have been in perfect health as I work from home, I .n assure you that at this present time I have had no COVID-1 9 symptoms.

        2) It is for my own protection that I choose not to refund and accept the return of the goods. Again there was no deception on my part, I have provided the tax invoice tvlicrosoft had supplied me. If you believe there to be an issue with the console I recommend you contact Microsoft. I had offered you to inspect all items which you declined at the time. I am not going to waste my time having a back and forth disagreement after you had a change of mind a few hours later. I was transparent when I messaged you that that the package had been opened to check for it's contents.

        3) I find it offensive and reprehensible that you should threaten me with police action and even going as far as invading my privacy by threatening to contact my personal and professional network. I promptly suggest you re-think this course of action.

        I will promptly initiate the defense of my reputation and legal rights should you see it fit to continue down this path.

        Offers Of Resolution,
        As I am not willing to accept the items back due to the same risks you have outline and also for the potential of me being scammed, I offer the following suggestions;
        A) You may lodge a formal complaint as per your rights to https://www.fairtrading.nsw.gov.auThelp-centre/online-tools/…
        B) You have the option of selling it for cash If $195 at CEX https://au.webuy.com/product-detairid=SXB1 X1 TBB001
        C) You can consider a private sale via Gumtree. Ebay, Ozbargain, ect… This will most likely obtain you a higher cash price then the above mentioned option.

        • +2

          Fabulous!!

        • Would fairtrading cover private sales? I always thought fairtrading was for business to consumer protection

          • +1

            @gummibear: Hahahahahaha no. It only helps consumers buying from businesses

    • +7

      Sounds like the kind of guy that comments about price jacking and how the ACCC will stop them in every eBay post for the last 5 years.

      • +1

        see page 3 comments

    • +8

      The "imma gonna tell your mum" bit is just the best. Were they as weird in person as that message implies?

      • +5

        Surprisingly quite normal, He was probably late 20's early 30's.
        He said it was bought for his son as a present and because it was opened didn't want to risk giving his son the virus in case I had transmitted it onto the items.

        Kinda silly as even if it was sealed me handling the box would have infected him anyways.

        • but easier for him to just wipe the box, now gotta wipe everything inside too ¯_(ツ)_/¯

    • +5

      Dude, your reply in kind. If it was me I tell him to Go F*** himself.

      • see page 3 comments OP has duped buyer

    • What in the meth is that kid going on about, If I could of gotten an Xbox One X for that price I would be more than happy lol

  • +8

    Agree and tell him the police should get involved, he will figure out very quickly he had no legal recourse.

    If he threatens to badmouth you again, tell him he should. That way there is an electronic copy of him defaming you and you will take him to court. Assure him you won't call the police as it's not a criminal matter and that would be a silly thing to do.

    • +1

      Are you related to forum-legend chumlee?

      • +1

        No but that guy is a legend isn't he

    • +2

      Chances are the police will charge him for leaving the house for a non-essential reason.

  • +3

    Lol ignore. Move on. The buyer obviously has some scam in play. Do not respond any further. I highly highly doubt anyone care about this even if he did talk to anyone.

  • +6

    If he/she was so worried about getting coronavirus, wtf are they leaving their house to buy an Xbox? And why does it matter if it were 'used stuff', you would have touched it regardless…

    lol

    • +2

      Current estimates are that coronavirus can last on surfaces for up to 3 days, specifically steel and plastic. VERY VERY easy solutions are to (a) just leave the product sitting alone for 3 days, (b) wipe the surfaces with a disinfectant cloth, as you would any other public touch surface.

      What sort of moron claims to be worried about xbox-induced coronavirus when you have hundreds and hundreds of times more risk of picking it up just visiting your local supermarket for the regular weekly shop.

  • +27

    Watch out, your employer may receive the following email.

    Dear Zacky's Employer,
    My name is BlurpBlorp. I am now dying in a hospital because Zack sold me an Xbox with viruses. I know it was the Xbox because it was second hand. I paid for a new one so I wouldn't get the virus but I got the virus.
    Zack won't give me my money back.
    He is a bad person. I also told his mom. Please help make me better by making Zack take my his old Xbox and giving me my money back.
    My life depends on it.
    BlurpBlorp.

    • +15

      Reminds me of the guy who sent us a massive rant email when we rejected his job application.

      I HAVE OVER 200 GAMES ON STEAM

      • +7

        Did he apply for a job as professional Steam games acquisitions expert?

        Because if he did, you guys are dicks.

        • I wish I could say we were a game development studio! That would have been funny.

      • +2

        Rookie numbers. I've got 510 and know that is low.

        What industry if you don't mind?

        • +2

          The one and only industry to attract them. IT.

    • Flipover chair*

      Tq almost died of boredom.

  • +2

    He is now saying I should take it back as it might be infected by Corona Virus and he doesn't want a second hand item.

    Buyer is a delusional f-wit. Ignore and call police if he continues the harassment.

  • +3

    grabs popcorn

    I want to know who the other ozbargainer is and if he'll show up here.

    • +36
      • Good detective work

        • +5

          It says they are online now. Everybody wave.

          • +2

            @sparkles: Maybe someone should reply to one of their comments with a link here? ;-)

            • +3

              @GoldenDragon888: Your comment linking here:10 hours 29 min ago
              Last seen: 10 hours 19 min ago

              Looks like he saw this and logged off

      • +1

        The detective work of ozbargainers is off the hook.

        Love the track down, now I want to see the public interaction…
        grabbing popcorn

        popcorn that is boxed and never been touched by another human so my family isn’t at risk of the Rona

  • +4

    You have 0 legal requirement, a private sale is not protected by ACL as someone mentioned above. Police will not handle such case. And since this is not done via an online auction site, any return/refund is at your own discretion.
    Legally, I think he can take the matter to a small claim tribunal/court but seriously?
    If he continues the harassment, explain the situation beforehand to your family, friends, colleagues; record and report any such activity to the police.

    • Legally, I think he can take the matter to a small claim tribunal/court but seriously?

      If they do go to court, exactly how will they serve the application to ZackyD?

      • Honestly, I have no clue man. Here's some info for NSW at least. I suppose the address can be found if one looks hard enough, or just follow lawaccess's advise and get a PI? :D Ridiculous I know, but within his legal rights.

  • Tell him you cannot meet him, as he may have corona virus.
    Secondly, i have bought product from Microsoft expertzone, only to discover it b wad old.

    • Big brain time - OP tells him that he does have coronavirus and now the buyer is infected so must self isolate. Buys OP 14 days.

      (Obviously this is a joke, though).

  • +5

    Hey, I bought the same deal. Check your Microsoft account. The new Xbox is linked to your profile. You can see the warranty date of all your purchased consoles. Mine last until May 2022, so they gave 2+ years of warranty, you can tell if the buyer lies.

    Hope this helps

    • Wait, was it linked to the purchasing account or the first account logged into on the device? If it's the purchasing account, I wonder if this isn't just a misunderstanding and the buyer thought they got scammed on failing to register an already linked device.

      Not that it excuses their threats…

      • +2

        Linked to the purchasing account. It doesn't matter though, as it can be "linked" to multiple accounts. This is only to view warranty and do claims if anything is wrong. I have sold my old Xbox and it's still linked there under my account > devices

        • Ah, that makes sense.

  • +1

    Is this a better image? Seems clear to me.
    Still no answer from the buyer.

    https://ibb.co/r294K6b

    • +5

      His must be reading this comments while dying in the hospital wards. Who cares, any person who threaten someones family deserve not sympathy from me.

  • +5

    Just ignore them OP seems like they could have some mental issues. If they persist call the police and get him on harrassment/deformation as the others mentioned above.

    • +10

      Will do mate. I've ignored his phone number and I'm done with wasting any more time.

      I'll let you guys and girls know if he does anything more outlandish.

      But lesson for private buyers and sellers after my experience:
      * Have a simple written and signed receipt
      * Include terms and conditions of your private transactions (No returns, returns with 10% fee, ect..)
      * Make sure you're happy with the goods before parting with your cash.

      Thanks everyone :)

      • +4

        never add stuff like returns with 10% fee. opening yourself up to scammers to substitute goods etc. it is a private transaction. there is no returns full stop, after goods and money has changed hands it is end of transaction, the time for them to dispute anything is before they pay. once goods are inspected and money exchanged it is over.

      • +2
      • NO pls don't do this

  • +2

    Omg. Ozbargain has now become the new ebay. Would expect these sort of issues arise from eBay not here.

    • Why not here? Are ppl on here better than the ebay or gumtree crowd?

  • +11

    buyer, if you're reading this. Go and make a report buddy, see if the cops laugh at your stupid ass.

  • Cops will not take a report, I think that's why he said all the other options. He seems like a bully/compulsive liar trying to buy good consoles and swapping for faulty.

  • -1

    Take the item back and sell it for a bit more. A second hand controller is worth less than $70.

  • +3

    well… i know one ozbargainer whos definitely going to change his name.

  • +3

    OP tell him it wasn't corona. Tell him it's AIDS.

    Also, name n shame lol.

  • +3

    My my… this is a rather entertaining thread. Buyer sounds like an entitled kid, especially if he didn't inspect the XBox in the first place after buying it from you.

  • +2

    It sounds like the buyer wanted a console Manufactured in 2020 LOL, who cares when it was made it still has 2 year warranty directly through Microsoft, would hate to see the buyer choosing a new car haha

  • +6

    He is now saying I should take it back as it might be infected by Corona Virus

    I lol'ed.

    Name and shame - I wanna know who this yobbo is lol

  • +3

    Looks like he even voted.

  • +1

    I'd be giving serious thought to sending a report to both Facebook and the police regarding this person's clearly stated intent to stalk! Then again, given the NSW polices' attitude to people sitting on benches or in a car with their mother, It could be fun as a fly on the wall if this goon does wander down to his local cop shop on this 'essential' journey.

  • +1

    I can tell you now that the Cops won't be interested, so forget that threat. Ignore him. If he's threatening to name and shame you, then you should do the same here.

  • +2

    HAHAHAHA thanks for the laugh. Gamers on OzB are a new breed!

    Tell him, you'll tell your mother if he tells his mother etc etc..

  • +3

    Thanks. With all this virus bad news everyday. It's good to have a laugh.

    10 points.

  • +2

    tell him lets dance mother F#cker

  • +1

    Surprised no one has said the long-running bikies in-joke yet.

    • +7

      The bikies are self isolating mate.

      • +1

        Lol. Maybe should try airtasker. Lebs for hire.

  • +4

    Lol, should name and shame after saying "all future liabilities will be yours" and threatening you. 1000 angry ozbargainers with pitchforks can rock up instead of the usual ozbargain bikies haha.

  • Police won’t do anything. Block his number and block him on LinkedIn/facebook etc

  • I call BS about "police action", as if the police force isn't having enough to do and they'd be interested in resolving a private matter for Mr Doblesky from East Bettocks, NSW. By all means, the buyer seems like an unreasonable prick who is trying to blackmail and extort you. Tell them to get stuffed. Block the idiot on all places, and do not respond to any communications they make.

  • +6

    If something is factory sealed. Don’t open it. Stupid.

  • +13

    Sounds suss to me… why did you buy two… then sell one…. but forgot to send controller…but offer a discount… rater than sending the controller….
    Where is the "controller"?

    Do you have the controller…. shouldn't it have been in the package?

    Why would you open the package?

    Why would there be a missing controller?

  • +1

    To anyone who purchased said deal, where was the bonus controller? within the same sealed box as the Xbox or not?

  • +1

    The police haven’t got time for this rubbish. They will tell him it’s a civil matter And he will run out of puff on that. Block him on your phone and email and go have a coffee. You have been threatened by a bully so act accordingly.

  • +2

    This is a lesson for you to remove any personal detail on internet.
    lockdown facebook, linkedin or any social media profile.
    Google your name and see what you find.

    • If it's already out there locking it down has little benefit. Closing the gate after the horse has bolted. So many archives and search indexes that removing anything is just about impossible. The real lesson is educating people not to push real details onto sites like facebook et al to begin with or at least keeping them completely seperate from any other online identity or forum you visit.

      • I had a lot of stuff public for years on the interwebs, you cant find any of it now by googling my name, work etc.
        only way your getting that info is if you are better than the average superficial searcher and know some tricks of the trade normal plebs don’t.

        I’m a ghost…

        • Michael Scott
      • There are many things you can do to remove your detail from the first two pages of google, at least.
        You can also contact the website directly to remove it, e.g. Google cache, archive etc.

        If I google your name and I can find your detail and your mother's contact detail in 5 minutes then you're doing something wrong.

        • +1

          If you googled me you would might find "a" mothers name and contact details, don't believe her when you ring her and she claims to not know who I am.

  • Use your brain.

    Do you really think the police would invest their time and resources in something as small as this?

  • by law you are not abide to do anything since it's a private sell ( no warranty). the only chance here is for him to hire a lawyer and sue you. Apart from being very unlikely by the cost of the item, he could still sue you. it would be a long way, but if you did everything by the book ( no actual cheating) you are fine and could even represent yourself in court, if you don't have money to pay for a lawyer. if he send any misleading/false msg to any friend, employer, etc on your network, you can sue him as well.

    • The buyer doesn't have much of a chance if he decides to sue. It was a private sale and is sold as is. Even if seller says never used, item is considered second hand. The buyer took a risk and now has to live with it.

  • The police will laugh it off and your employer will think he is a weirdo for contacting them about it.

  • +3

    I sold a LEGO set recently, used a crap ton of bubble wrap, then it was in a very big box that had a lot of spacing buffet. Buyer says they want refund because it's banged up, showed me photos. I'm like weird, can you show me a photo the box it came in? It was pristine, not even a nick on it, and honestly with the amount of tears and flattening on the actual LEGO set, It was obvious this idiot wanted to do a switcheroo at my expense, wanted full refund of postage as well as a paying postage to send it back. I said sure send it back, I will not cover the postage or return postage as well less the fees and they said they will let the world know about me… So far ACA hasn't contacted me yet.

    Anyways OP stand firm, all the police are out fining people for social distancing, they won't be helping muppets like him.

    • +8

      this idiot wanted to do a switcheroo…

      No. This is an Xboxeroo.

      I'll show myself out.

  • +36

    I am the buyer. I have no intention to scam anyone. Haven't read all of the comments.

    He is given most of the details. But some a little twisted. And some important missing.

    He told me he opened the package only when I called him in about 5 mins of taking the Xbox saying 'Hey Buddy the box is opened and the package doesn't look like new.' He said I just opened it to verify and it's new. I said ok let me check. And just right after that, he stopped responding. Think blocked me as well.

    Now have spent a bit of time to try to register the device. Talked on call with Microsoft support the Xbox was registered about 2 years ago. And has original warranty valid few more months as per them.

    This means someone's not telling the truth. The controller is also for sure used. I haven't used the game so dont know about it.

    Why would someone not answer calls and talk it through.

    • +8

      You should have inspected the goods at handover. Too late now to start threatening the seller's contacts, if you indeed do that?

    • +27

      What's with the whole threatening to tell the OP's mum and employer?

    • +8

      Private sale. Caveat emptor.

      You were given sufficient opportunity to inspect the goods and/or walk away.

      The controller is also for sure used.

      If it is so obvious, it was just as obvious during inspection.

    • +45

      In light of these new info and considering what you said, I think you have been scammed even though it wasn't right for you to threaten him that way. The seller already had an used Xbox One X when that $349 xbox one x deal came up. So, the fact that the xbox you have has been registered 2 years ago and you saying that the controller looks used, what I think happened is he bought 2 brand new ones, opened one of the box and swapped out the new xbox one X and the controller with his used ones and sold it to you. Hence why the box wasn't sealed anymore, opening a brand new sealed box just to check if everything was in there is just… suspicious.

      Seller saying he had an xbox already: https://www.ozbargain.com.au/comment/8438195/redir
      Seller saying he bought 2: https://www.ozbargain.com.au/node/524064#comment-8438545

      • +7

        I was just halfway through a post saying this same thing, I didn't see his comment saying that he has an Xbox One X but did see how he was looking at Xbox deals about 2 years ago. Everyone has jumped to defend the seller without thinking "why would this thread exist in the first place if things went smoothly?". They've absolved OP of any wrongdoing without even thinking why this would occur if everything was squeaky clean (granted there are crazy people about who would probably do this for no reason whatsoever, but they would be somewhat few and far between).

        I agree that the seller probably swapped out a controller. Makes no sense for them to open the package to "inspect" it without having the intention for something more. If buyer bought Xbox One X that was SEALED they would have no reason to go after OP, OP could have covered their ass by insisting OP check on the spot. If I bought two Xboxes and wanted to genuinely sell one because I had no need for it I would not open it to "inspect" it. If I was a dick I would open it to swap something out and then pass it off as new.

        • +4

          You're making me feel bad for selling a "new" Nintendo switch on gumtree which was actually an old 3ds.
          When they messaged my mother to complain, she just told them it was a "light switch" and that's what they look like.

          Pretty sure I'm in the clear.

        • +5

          Everyone has jumped to defend the seller without thinking "why would this thread exist in the first place if things went smoothly?"

          Dont make accusations up please. Check my comment on 1st page. I did not defend him. I right away called OP out for scamming and did not defend him at all. Got negged into the ground cos the community here supports scammers.

    • Come on dude. Onus is on you to inspect and review the goods. A quick 2 min once over would have confirmed the controller was used, etc. Not saying who's right or wrong but if I'm buying anything remotely expensive, you bet I'm going to inspect it.

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