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?)

[thecatspjs]

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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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Whilst the goods may not fall under the consumer protections of Australian Consumer Law, they nonetheless are a contract between you and another party and a range of legislation may apply apply to sales contracts.

The law is not as black and white as others want to paint it.

Things that may also be relevant in this situation that appears to involve a contract of sale between two individuals not in trade IMO include:

- if you misrepresented the goods being sold in the advertisement and terms of the sale

- if on collection the buyer was able to inspect the goods before payment and be able to visibly or easily ascertain that the goods were not as represented prior to payment and taking away.

If you have provided the wrong model number and instructions etc of the heater to this buyer - and there was no visible way for the buyer to confirm this on collection, and this has caused the buyer to be out of pocket for costly gas conversion, then I can only encourage you to rethink your position on an ethical basis.

Might be reading more into your posts, but it seems that you do not appear to have a high confidence level that the heater you sold was the model you actually advertised ?

[imastawka]

Cats the woman is scared of these people obviously.  

She provided all the information necessary.

See item 121647103276

Very clear pics of heater and installation booklet giving model no.

A question was also asked re what gas.  That question with it's answer

is in the listing. 

This heater was removed from their house, so the booklet is the correct one.

The fact that the buyer had to build a mantle and modify the unit is not

the sellers problem.

The buyer had every chance to examine the heater and installation booklet

before they paid for it.

I do not believe they have a case

[thecatspjs]

My comments are based on the doubts expressed by the OP and the incorrect advise given by some others who seem to think in a pick up situation no legal recourse exists, when it actually does.  

The booklet may well be the correct one for the heater -   However if that model was manufacured and sold customised for natural gas and converted after purchase, then that may be a misrepresentation issue. 

OR it may be problematic if a booklet for the wrong model heater was advertised and provided - as can happen through incorrect downloads of installation and specs from internet.

This may not be the situation, but these things are not clear from the OPs posts.

[spanka4perry]

Thanks. I'm confident that we've represented the heater as it is. I've rechecked my add and the pictures and it is what it is. The fact they did not check regarding what gas it used is not my problem as about 12 other potential bidders had the brains to check. They just have sour grapes they didn't do their homework - and sorry but we didn't advertise the heater as natural or LPG so it doesn't matter what it is regardless - and if it's been modified or not from original - it was never specified. We have asked 3 times now for proof of a model number different to that of what we put in the ass - nothing. Again, I've just rechecked my add and I'm confident that I've done the right thing.

Plus, come one - who inspects something, pays for it COD, MODIFIES it so it's no longer in its as is state and then a month later decides they want half their money back - yeah good luck take that to court and see what they say!!!

[spanka4perry]

Oh and Cats - maybe I didn't sound confident as we where upset to think someone wasn't happy with something - not because we've done anything wrong! Being harassed by several phone calls and threats that they are going to slander us will do that... If these people call again I will call the police for harrassment

[thecatspjs]

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@spanka4perry wrote:
Thanks. I'm confident that we've represented the heater as it is. I've rechecked my add and the pictures and it is what it is. The fact they did not check regarding what gas it used is not my problem as about 12 other potential bidders had the brains to check. They just have sour grapes they didn't do their homework - and sorry but we didn't advertise the heater as natural or LPG so it doesn't matter what it is regardless - and if it's been modified or not from original - it was never specified. We have asked 3 times now for proof of a model number different to that of what we put in the ass - nothing. Again, I've just rechecked my add and I'm confident that I've done the right thing.

Plus, come one - who inspects something, pays for it COD, MODIFIES it so it's no longer in its as is state and then a month later decides they want half their money back - yeah good luck take that to court and see what they say!!!

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Just so you aware, as far as I can see from a quick internet search for this type of heater, the manuals for each (such as you provided to buyer) do clearly specify if the model was manufacured for a natural gas or LPG fit. 

Please I am just trying to provide you information that may have relevance to your situation and directly relevant to the questions you asked on this thread regarding the buyers abiity to pursue a small claim.

I agree that buyer is probably kicking themselves that they did not confirm whether the heater was set up for natural or LPG gas.  Many city folks would probally assume that it was ready for connection to natural gas.

I can see you responded to a buyers query re connection type and these details show on the bottom of listing. 

[spanka4perry]

Agree - but we just kept answering the questions as can be seen on the item - which if this person looked properly would see. I've spoken to some one tonight who has experience in these matters and the buyer doesn't have a claim, I don't like being threatened at all which is why I checked on here because we are nice people. But thank you for your input.

[thecatspjs]

Just so you (and others reading this thread) are aware - on the eBay mobile app - answered questions do not appear at all (unless in classic view) to those using those devices.

[spanka4perry]

Again... Unfortunate but not our problem! They could have asked like everyone else! I'm sick off getting harassed over this! A month after they've paid for it and modified it.

Any further correspondence will be recorded and taken to the police and reported as harassment - we've done the right thing and spoken to them several times.

[bakeandfry]

Cats, im not quite shure what you mean by answered questions on ebay app.
i ask sellers questions about listings if im unsure of something, and they answer me.
unless i mis-understood your comment.