Second Hand Refund/Exchange Laws

**ccmengs** · 18-11-2009 04:04 PM

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

**aaronng** · 18-11-2009 04:23 PM

It is up to the seller to refund.
If your mate bought the wheels as is and was aware that there was no warranty, then I don't see why the seller would have to refund. Buyer beware.

If the seller specifically said and posted in the ad that the rims were not bent, then your friend would be able to go the legal route as it was misleading advertising.

**Mr_will** · 18-11-2009 04:51 PM

Originally Posted by aaronng

It is up to the seller to refund.
If your mate bought the wheels as is and was aware that there was no warranty, then I don't see why the seller would have to refund. Buyer beware.

If the seller specifically said and posted in the ad that the rims were not bent, then your friend would be able to go the legal route as it was misleading advertising.

Not really very accurate.

Goods must be 'fit for purpose made known'. It would be reasonable to say that a person buying wheels wished to used them on a motor vehicle, and clearly these wheels are not 'fit' for that purpose.

Its tough because there's no contract and it wasnt a commercial transaction, but I think it would be worth mentioning an argument along the lines of the one above to the seller.

**ccmengs** · 18-11-2009 04:55 PM

well he's pretty much ****ed then? haha

**Mr_will** · 19-11-2009 11:35 AM

Originally Posted by ccmengs

well he's pretty much ****ed then? haha

No, he's not effed at all.

If I was the buyer, my contact with the seller would go something like

Dear John Smith

I refer to our transaction of 1 July 2009 at which time I purchased four RS GT 16X7 wheels from you for $500.

Upon attempting to have these wheels fitted to my vehicle I have become aware that they have been significantly damaged such that they are unable to safely be used on a vehicle.

Your advertisement did not in any way bring this to the attention of potential buyers, and thus you appear to have contravened the sale of goods act. These wheels for not 'fit for purpose'; specifically the use on a motor vehicle on Australian roads.

I therefore request that you provide a full refund. If you choose not to refund my money in full I reserve the right to commence legal proceedings against you and advise that I will exercise any and all powers under the law to recover my monies including but not limited to:

A letter of demand
A statement of claim which may require your attendance in court.
Proceedings through an external debt collection agency.

I will of course be reporting your actions to the internet forum on which you posted them in an attempt to warn future buyers of your practices.

I hope we may avoid the above and will be pleased to consider the matter resolved if I receive the full purchase price refunded within 14 days.

Kind regards,

Joe Bloggs

**wynode** · 19-11-2009 11:53 AM

Great template there Mr_Will. Should go along way for the OP. Nice avatar too (after all these years!)

**aaronng** · 19-11-2009 12:59 PM

Originally Posted by Mr_will

Its tough because there's no contract and it wasnt a commercial transaction, but I think it would be worth mentioning an argument along the lines of the one above to the seller.

That's the problem, in the end, it is up to the seller and whether he/she has a good conscience.

**Mr_will** · 19-11-2009 01:25 PM

Originally Posted by aaronng

That's the problem, in the end, it is up to the seller and whether he/she has a good conscience.

No, in the end it will be up to a court if the buyer chooses to go that way. There are ways to deal with issues such as this without legal representation in the court.

**Limbo** · 19-11-2009 11:11 PM

there are no actual legal parameters where its a private sale.
All the 'fit for sale' etc your talking about only apply through the Trade Practices Act or Fair Trading Act and only apply to commercial sales to protect consumers.

Unless you've had a specific contract for the purchase specifically stating what you brought, your on your own. Court won't be able to do anything. The general rule is 'buyer beware' for private sales.

your just wasting more money after bad. Move on and learn from it.

**Mr_will** · 20-11-2009 02:12 AM

Originally Posted by Limbo

there are no actual legal parameters where its a private sale.
All the 'fit for sale' etc your talking about only apply through the Trade Practices Act or Fair Trading Act and only apply to commercial sales to protect consumers.

Unless you've had a specific contract for the purchase specifically stating what you brought, your on your own. Court won't be able to do anything. The general rule is 'buyer beware' for private sales.

your just wasting more money after bad. Move on and learn from it.

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

**cymax** · 20-11-2009 12:01 PM

Originally Posted by Mr_will

No, he's not effed at all.

If I was the buyer, my contact with the seller would go something like

Dear John Smith

I refer to our transaction of 1 July 2009 at which time I purchased four RS GT 16X7 wheels from you for $500.

Upon attempting to have these wheels fitted to my vehicle I have become aware that they have been significantly damaged such that they are unable to safely be used on a vehicle.

Your advertisement did not in any way bring this to the attention of potential buyers, and thus you appear to have contravened the sale of goods act. These wheels for not 'fit for purpose'; specifically the use on a motor vehicle on Australian roads.

I therefore request that you provide a full refund. If you choose not to refund my money in full I reserve the right to commence legal proceedings against you and advise that I will exercise any and all powers under the law to recover my monies including but not limited to:

A letter of demand
A statement of claim which may require your attendance in court.
Proceedings through an external debt collection agency.

I will of course be reporting your actions to the internet forum on which you posted them in an attempt to warn future buyers of your practices.

I hope we may avoid the above and will be pleased to consider the matter resolved if I receive the full purchase price refunded within 14 days.

Kind regards,

Joe Bloggs

The seller would definitely squirt a bit of pee here and there. It's pretty scary to see such email because you do not know what the buyer is capable of doing in terms of legal act. Unless the seller has direct contact with a law advisors or rich knowledge in law studies.

**Mr_will** · 20-11-2009 04:33 PM

Originally Posted by cymax

The seller would definitely squirt a bit of pee here and there. It's pretty scary to see such email because you do not know what the buyer is capable of doing in terms of legal act. Unless the seller has direct contact with a law advisors or rich knowledge in law studies.

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