Welcome to Sisters In Law, news.com.au’s weekly column fixing your whole authorized issues. This week, our resident attorneys and real-life sisters Alison and Jillian Barrett from Maurice Blackburn advise about your rights in terms of second-hand purchases.
Question:
I purchased a second-hand TV from Facebook Marketplace and the person mentioned it was only some months outdated, and that he was promoting it as a result of he was leaving Australia.
It was a high-end Samsung and I paid $1500 for it – rather a lot for a second-hand TV, however it was over $2000 new, so I assumed I used to be getting a little bit of a discount.
The drawback is, the TV stopped working a few week after we received it and I’ve had a quote of greater than $500 to get it mounted – and that’s not assured to final. To be sincere, the TV might need to go to landfill.
I contacted the vendor however he’s ignored my calls, messages and texts.
What can I do? – Sean, SA
Answer:
You have seemingly heard the phrase “caveat emptor”, Sean, when buying items/property. This is the Latin phrase for “let the buyer beware”.
This signifies that the duty is on the individual shopping for, they usually accomplish that at their very own threat. The purchaser should fairly look at the property earlier than buy and take duty for its situation.
However, the vendor isn’t capable of act in a deceptive or false method. So if the vendor knew concerning the points with the TV previous to promoting it to you, similar to that the TV was not match for goal, they could have breached the legislation.
Private sale agreements can usually be troublesome to show what was agreed.
The vendor could declare they didn’t know concerning the subject and it was working advantageous while you bought it, as proof by the TV working for you for per week.
The vendor can also declare they warned you that the TV was generally “temperamental”, however that you simply nonetheless wished to buy it.
You could also be entitled to start out a civil case in courtroom in opposition to the vendor, nonetheless, earlier than you try this, you’ve different choices:
1. You can ship a letter of demand to the vendor, setting out the problems with the TV, why you suppose you might be entitled to a full or partial refund and asking that the cash be paid inside a sure timeframe, in any other case authorized motion will probably be taken.
2. The TV, if it was new, could also be coated by a guaranty from Samsung. Samsung normally offers a 12 month guarantee on their TVs, however you’ll have to contact them on to see if that guarantee has transferred to you because the second proprietor. If it has, contact the vendor and ask for the unique receipt/proof of buy so you may contact Samsung about restore or substitute.
3. As you bought the TV through Facebook Marketplace, you’ve a Purchase Protection. Strict guidelines apply so that you can be coated by this coverage, together with that the fee needed to be made through their onsite checkout. Attempts should be made to resolve the problem with the vendor first, so preserve a report of your makes an attempt and supply them to Facebook for those who’re eligible below their Purchase Protection Policy.
4. If you paid the vendor through debit or bank card, you may contact your financial institution and ask for a refund through “chargeback”. A chargeback reverses a transaction so you might be refunded the cash you paid for a services or products. Again, it’s essential to attempt to resolve the problem with the vendor first, so preserve a report of your makes an attempt to contact the vendor.
If all else fails, then you may make a minor civil declare within the Magistrates Court.
These issues are handled minimal formality and customarily you gained’t be entitled to authorized illustration.
You can solely lodge this declare in courtroom after you’ve given the vendor a letter of demand.
For extra info, assessment the data offered by Courts Administration Authority of South Australia.
This authorized info is common in nature and shouldn’t be thought to be particular authorized recommendation or relied upon. Persons requiring specific authorized recommendation ought to seek the advice of a solicitor.
If you’ve a authorized query you want to Alison and Jillian to reply, please e-mail tales@news.com.au.
Get extra from Alison and Jillian on their Facebook web page.
Source: www.news.com.au
