Second Hand Refund/Exchange Laws

I cann tell you right now.
If it a private sale, no contract, no receipt.
FORGET IT. You have no hope in court, don't even bother wasteing your time at a lawyers office either. Just start saving again, simple mate.

You go take legal action against him, i can make a wager of anything you wish and i can gurantee your case will end up with you paying a large sum of legal fees (as you would lose the case) or your case just being thrown out the door.

Private sales can lead to disaster if you don't have a contract between you both or make a receipt of the event.


Sorry if i sound harsh but im being blunt and honest.
Did enough legal studies back at school and this was a very common thing we spoke about.

Hope it helps

i've only been a solicitor for serveral years, but i guess that doesn't qualify me? LOL
mate i think you need to do some more reading before thinking you know everything about the law

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Originally Posted by Mr_will

there are plenty of legal parameters with it being a private sale.

just because there is no written contract doesnt mean there is no contract.

probably best that you dont make sweeping statements about what a court will or wont do, given that you obviously dont have much knowledge to base this on

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Quote:

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Originally Posted by WATAJK

I cann tell you right now.
If it a private sale, no contract, no receipt.
FORGET IT. You have no hope in court, don't even bother wasteing your time at a lawyers office either. Just start saving again, simple mate.

You go take legal action against him, i can make a wager of anything you wish and i can gurantee your case will end up with you paying a large sum of legal fees (as you would lose the case) or your case just being thrown out the door.

Private sales can lead to disaster if you don't have a contract between you both or make a receipt of the event.


Sorry if i sound harsh but im being blunt and honest.
Did enough legal studies back at school and this was a very common thing we spoke about.

Hope it helps

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lol legal studies.

you simply cannot predict the outcome of legal proceedings like this, especially considering that all your basing it on is having done 'legal studies', that is just ridiculous.

there would be evidence from the advertisement if nothing else.



come back when you have a law degree and then people might listen to you

law degree is a piece of crap, i've taught may idiots who had law degrees also ;p
Unless you have your unrestricted it doesn't really count

Quote:

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Originally Posted by Mr_will

lol legal studies.

you simply cannot predict the outcome of legal proceedings like this, especially considering that all your basing it on is having done 'legal studies', that is just ridiculous.

there would be evidence from the advertisement if nothing else.



come back when you have a law degree and then people might listen to you

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If there was no form of "advertising", the case would be based upon word of mouth.
The only contract available in that instinct would also be a verbal contract.
Im not saying i know everything (which i don't still learnin everyday), but i went into deeper depth in this area back at school (in my own time) as it's a very good area to have knowledge in.
You don't need a degree/piece of paper to state that your good at something, as i work in the trade industry, if you put me to do any sort of Carpentry, Tilein, and Plastering i could do it just as good or better then those who are qualified in that trade. As in my trade for the last 8 years i've been doing all 3 as i started from a very young age but am now a qualified Class 1 Labourer.

It's not worth going to court over something like that is what im basically trying to get across to you guys.
A letter of demand generally means that if you don't reply to what i have requested (in the letter), ill proceed by taking legal action against you.
Its not WORTH your TIME or MONEY

Thats all im trying to get across.

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Originally Posted by Limbo

law degree is a piece of crap, i've taught may idiots who had law degrees also ;p
Unless you have your unrestricted it doesn't really count

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lol, I remember a thread a while back where we had a 'doctor', I suspect a similar state of affairs here

mate i can show you my admission certificate to the supreme court anytime your around cabra.

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Originally Posted by ccmengs

Hey guys a mate of mine just bought these rims off from firesport, apparently the rims were bent and it can't be used or whatever. He only found out at the mechanics when he was doing a wheel allignment, the seller says he didnt know that he had them and my mate when he bought them as is.

I was wandering if he had any legal rights as in can he refund or exchange? what are his options

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Alright lets cut through all the bush lawyers giving advice. No one here has asked you what representations were made by the seller or what the ad actually says.

So what was said at the time the contract was made - and what does the advert say?

If the ad says the wheels are un-damaged (or if the purchaser asked prior to sale) you will have a cause of action and are entitled to damages under contract law if there is a misrepresentation. Trade Practices Law, etc is not relevant here but that doesn't mean there are no other causes of action.

Quote:

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Originally Posted by Limbo

mate i can show you my admission certificate to the supreme court anytime your around cabra.

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Yeah relax man i believe u.
A doctor? Epic fail, need a major degree there.. Thats not for me lol

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Originally Posted by Mr_will

exactly! so there's a little bit of craftiness with the truth, the object is just to get the seller to find his conscience so that the just outcome is achieved :)

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I agree with that - the strict legal answer is not always the best answer. Sometimes a practical solution that includes bluff and some street smarts works best. Your letter may not be strictly correct legally - but I agree that it may just well work. So a much better alternative than listening to people who just say to let this go because of caveat emptor.

court costs = more than the wheels.. friend should cut losses and egg / brick the guys house (not condoning violence but what you do is not my business :P) lolz.. but yea.. if your friend was smart he would ask to get them checked out first, or maybe atleast if he had known they where on a good workin car before hand.. sorry but really.. yeh you can lionel hutz his ass.. but just get over it

I agree with the bloke that says private sale = no warranty etc. The seller can just say' I told him they were bent and the sales were for the tyres or something' seriously.. its hard to give a judgement because wheels cannot be known if they are faulty until you literally put them on your car.. so really.. in the end.. if the buyer didnt show any precaution/common sense.. he/she cannot complain thereafter that the goods dont work.. you dont buy something second hand 'as is' and then complain if its no good.. buy new then

P.S most of the law is common sense so if you have none.. dont expect the law to go mumbo jumbo to help your whinging case

good luck to your friend tho, maybe show some brute force in getting the cash back, sometiems its the only way

Quote:

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Originally Posted by yfin

Alright lets cut through all the bush lawyers giving advice. No one here has asked you what representations were made by the seller or what the ad actually says.

So what was said at the time the contract was made - and what does the advert say?

If the ad says the wheels are un-damaged (or if the purchaser asked prior to sale) you will have a cause of action and are entitled to damages under contract law if there is a misrepresentation. Trade Practices Law, etc is not relevant here but that doesn't mean there are no other causes of action.

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hey mate nah the ad didnt say anything like "undamaged" or "in perfect condition" i really think that the seller didn't know about the problem because there were gutter rashes and scratches BUT the seller DID state that in the ad because that was a visible problem where as that bent, you could only tell if you were a mechanic or a tyre repair person or something.
i mean my mate came to have a look you know, look at each rim and the only problem visible were the gutter rashes obviously and he couldn't see the bent so he bought em.

so you guys reckon we should just drop it and move it? dont wanna waste any time or effort on legal actions yeah?