@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?

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 ?