HELP PLEASE

[spanka4perry]

We sold a gas log fire (eneded 31 days ago) seller picked up a few days later and paid cash - they were very happy with the unit, we described it as the model number that came with the operating instructions we got it with (picture is the same on the front of the operating manual so corresponds in my eyes!) and we advertised it as needing a clean as it's been sitting in the shed for 12 months.

Now these buyers have just phoned us tonight to say that they want some money refunded as they've had to spend money on the unit.  They are upset that it's not natural gas (we didn't specify what gas it was as most are LPG and every other serious bidder actually contacted us and asked) but again we just said it was gas - didn't specify LPG or Natural.  They said they had to put a mantle around it (how the hell is that our problem?!) AND they said they've pulled the logs out of it, added pebbles etc (again - how is that our problem?!) - but clearly they've modified it.  Now i should mention they've also installed it. 

They are trying to tell us we've sold them a different model number but what they are giving us sounds like a seriel not model number (so obviously different!!!)  We asked for a picture of the so called model number to prove that it doesn't correspond with the manual we sold it with and thier response was "what do you want that for?!".

Where do we stand, they paid cash, as far as we are concerned we sold the unit as is and as described.  I think they are just upset as they didn't look into what they bought before bidding (carrying onto my husband that we sold them a 20 year old heater.... - um we NEVER specified age - only model number!!!) and they've had it for a month and obviously done modifications to get it to thier liking and install it - so who knows what they've done to it! 

What reprocussions does this have for us (if any?)

[spanka4perry]

Ok thanks everyone - this person has rang again and is now saying that she's called eBay today and eBay has advised her there is nothing she can do but bring it back to us on a trailer?! Is that honestly something eBay would say surely not!!! They said they've sent a picture through showing its the wrong model number (we never received it) and that they want half thier money back

[spanka4perry]

And if say we have sold them the wrong model - where do we stand - we bought our house with it already installed - we where given all the service manuals/guides for the oven, pool pumps, heater, split system etc. the manual for it has a picture on the front that is exactly the same as the heater we removed so we of course have assumed that it's correct... There is no model number on the compliance plate - what on the off chance we are wrong? We sold it in good faith that's what it is and it's reasonable to assume given the situation that you would think that!

[spanka4perry]

Great now husband has just spoke to them again and they said they'll pursue action elsewhere? What can they legally do against us? With something they have taken away, paid cash for (no receipt) and modified?!

[ggearstore]

It's a private sale, they accepted it as is. There is no warranty or returns. Keep a log of the calls, if they keep it up report it to the police.

[spanka4perry]

Ok thanks but can't they take us to the small claims tribunal? I'm curious to see the proof that we sold them the wrong model... Wondering if I should email and ask for it. Say it is the wrong model do they have a case against us at VCAT?

[phorum_junkie*]

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@spanka4perry wrote:
Ok thanks but can't they take us to the small claims tribunal? I'm curious to see the proof that we sold them the wrong model... Wondering if I should email and ask for it. Say it is the wrong model do they have a case against us at VCAT?

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They can try taking it to a tribunal however even if it made it that far they would have no case and would probably have to pay your expenses as well as their own for wasting the tribunal's time.

Just do as you have been advised and ignore them, buying something pick up and paying cash is the same as buying from a garage sale, items are taken as is and payment signals acceptance of the item in whatever condition it is in.

[imastawka]

For heaven's sake, stop answering their phone calls and messages.

You're just giving yourself grief!

Block their number and report any threatening messages to the police.

[spanka4perry]

Thanks for the replies - I know happy to ignore but they keep upping the ante with taking us to VCAT and my husband is worried so just wanted to check. I would have thought they may have had a case if they hadn't had it for a month and modified it but they have. Will ignore them now and wait and see if we get a legal letter - surely there is a time frame on this! Like 28 days after pick up or something?

[lyndal1838]

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@spanka4perry wrote:
Ok thanks everyone - this person has rang again and is now saying that she's called eBay today and eBay has advised her there is nothing she can do but bring it back to us on a trailer?! Is that honestly something eBay would say surely not!!! They said they've sent a picture through showing its the wrong model number (we never received it) and that they want half thier money back

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It is quite possible that someone from ebay might have said that but from years of experience we all know that the boardies know more than ebay anyway.

As for the model number....if the heater itself has no visible number but the instruction book has a picture of the same heater then most same people would accept that it is the instruction book for that item.

I know I have instruction booklets that cover several models of the same items...you just have to read the section for your model.

[springyzone]

spanka-Don't answer their calls, so that if they have to contact you it will be via ebay messages. That way you will have a record of what is said.

So far you have told us they said they have modified it etc. It would be better to have that in writing. I wouldn't ask them for it, mind you, but just limit their chances to contact you except via message.

I don't think they have a leg to stand on, you presumably sold it as unused but did not say how old it was etc. They are just suffering buyer's remorse but they picked up and paid, so not your responsibility to refund anything.