Buyers rights - Trademe - any lawyers?!

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Direct Link To This Post Topic: Buyers rights - Trademe - any lawyers?!
    Posted: 12 Mar 2010 at 9:02am
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Sold a Lowrance 6" colour sounder / GPS on Trademe a month ago for $1350, guy paid and never heard anything else until a week ago. The unit was working perfectlywhen sold on all functions. He says the transducer is faulty and didnt do any depth readings and it worked when he tried it on a mates boat with the same unit and TD/x, but GPS worked fine.

Now in the space of a week he has sent to ENL (without my knowledge) and says they say the motherboard is crook and unrepairable! I had no idea he had sent it to them, now he wants a full refund plus "expenses"!

What is his recourse on this? I have offered him a refund of half the cost ($675) of what he paid and that is it as a good will gesture as it's just a my word against his scenario. I don't have to offer any refund at all is my understanding but he still wants the full amount refunded! For some reason he thinks I was selling as a business but it was simply a private sale.
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Direct Link To This Post Posted: 12 Mar 2010 at 9:20am
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No brainer. Retract offer of half refund.

Buyer beware... it was sold in good faith and that's the risk he takes buying on TradeMe, end of story.

Let him see what expenses are really like if he tries to force you into his demands!

Just out of interest, did he provide evidence of the alleged communication from ENL? and...
What is the cost of a new mother?
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Direct Link To This Post Posted: 12 Mar 2010 at 9:26am
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Don't forget from your side he could have dropped it or his install could have caused a voltage spike etc - all beyond your control. As you say it was working sweet when you removed it.
Sounds to me like you've been very reasonable.
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Direct Link To This Post Posted: 12 Mar 2010 at 9:33am
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Was it listed "as is" ? Agree it's buyer beware, however, had a mate get taken to small claims over an outboard that he sold on trademe, and he lost.
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Direct Link To This Post Posted: 12 Mar 2010 at 9:37am
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Buyer beware I would think. If it was working properly when it left your hands then I would retract any offer of compensation. Did you courier it to him?... that could be the cause right there. Otherwise he probably rooted it trying to install himself.
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Direct Link To This Post Posted: 12 Mar 2010 at 9:44am
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Caveat emptor. As long as you sold it as a second hand unit, not attached to any business or anything, I doubt very much if consumers rights would apply. For that sort of money, I'd have thought he would have asked for a test to be done from a servicer, just to be sure.
He didn't, and it has been a month now as well, if it had been just the next day that he found there was a problem...
Still, problim blong himfella.
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Direct Link To This Post Posted: 12 Mar 2010 at 9:46am
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No one likes to buy a dud, however your offer of 1/2 refund seems fair and I would snap that up.
Then I'd go buy a new one with a warantee.
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Direct Link To This Post Posted: 12 Mar 2010 at 9:54am
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No recourse at all. If I read it right, then the unit was working properly when you had it. As stated above , you have no way of knowing if something happened in the install etc , so stick to your guns if you truly believe you are in the right.
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Direct Link To This Post Posted: 12 Mar 2010 at 9:55am
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would think so long as your Trade me site is private and not a company site ,buyer beware
woman who say they are equal to men ,show lack of Ambition .
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Direct Link To This Post Posted: 12 Mar 2010 at 9:58am
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sounds like you have tried to be fair..
He is being a goose
Originally posted by TG

LMAO felixx, you a sick puppy! hehe
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Direct Link To This Post Posted: 12 Mar 2010 at 10:01am
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Appreciate the replies, all good stuff, no I stated in the auction it was in full working condition and it was, I had had it out on the water prior, no issues at all. He says he can provide proof of being looked at by ENL but I have not sighted as yet. As my email address says "marine-trader@_ _ _ _ _.com" he thinks I'm a business and should be liable, I am not.

I understand his frustration but as mentioned he could have dropped it, put 24v through it, walked around for a week with it in his undies.... I just don't know... and agree contact 4 weeks after sale is quite a while.

What gets me is he said the TD/x was stuffed, but everything else worked when he tried it on a mates TD/x and cradle which was the same unit, GPS, temp, mapping etc. worked but a week later he says the motherboard is stuffed, makes no sense to me? Either way I'll wait to see what he says but agree, I think it's more than generous to offer 1/2 the cost as I certainly do not have to. Will let everyone know the outcome as I imagine situations like this arise quite often with marine electronics.
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Direct Link To This Post Posted: 12 Mar 2010 at 10:42am
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Originally posted by Capt Asparagus Capt Asparagus wrote:


Still, problim blong himfella.


Betelnut problim blong himfella I'm thinkin'  ;)

Black wire goes to positive, red wire goes to chassis, right?   I've met a few dimbulb trademe buyers in my time.
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Direct Link To This Post Posted: 12 Mar 2010 at 10:43am
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You went a long way to make good in my opinion. When you buy something unsighted on t.m you take what you get. If paying good coin for something then get proof it works before forking out. I'm in no way saying it didnt work, and think something probably something happened during installation. Keep your coin, the offer was made and if the tables were turned what do you think would happen?
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Direct Link To This Post Posted: 12 Mar 2010 at 12:54pm
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Sounds like he's installed it incorrectly and is looking for a scape goat so he doesn't look a total prat to his mates...
We all have one that got away..
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Direct Link To This Post Posted: 12 Mar 2010 at 1:19pm
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Ask him to return it BEFORE YOU REFUND ANYTHING  so you can get it checked out yourself - that way you can find out whats wrong (if anything) and a possible cause (most good electronics repairers can give you a pretty good idea on what would cause any fault found)                           

Refund or return based on your findings.
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Direct Link To This Post Posted: 12 Mar 2010 at 1:34pm
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No refund, you sold it in good faith and 4 weeks between sale and problem detected is a quite a while. I reckon he cooked it himself.
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Direct Link To This Post Posted: 12 Mar 2010 at 1:47pm
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Perhaps refer him to this thread so he can see what the majority of people think is fair and reasonable......
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Direct Link To This Post Posted: 12 Mar 2010 at 1:55pm
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Andrew you are a respected member of this forum, this guy sounds like a shister.
He probably dropped it and wants to blame somebody else. To much time has elapsed.
Retract your offer to refund half, so he gives you a bad tick in the TM feed back how many positive feedback comments you got? Lots I would imagine.
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Direct Link To This Post Posted: 12 Mar 2010 at 2:15pm
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Maybe he had one already and it was stuffed.  He keeps your good one and sends you his.  Mind you if that was the case I'd say he would have jumpd at the half refund. 
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Direct Link To This Post Posted: 12 Mar 2010 at 2:20pm
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When you say it was "working perfectly" was the unit demonstrated to him?? If so then really see he has no recourse, unfortunate, and awkward for both parties, but feel you have done all you should feel morally obliged to. He would be better off to accept your (overly) generous offer of half refund and buy new.His problem, not yours.
Dont take life too seriously.....no one gets out alive any way.
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