Buying through Buy and Sell

C

coolaboola

Guest
Ok, this is a general question about purchasing anything privately e.g. through Buy and Sell or other small ads.

While it goes without saying that "caveat emptor" applies in such transactions perhaps more than in any other, is there any advice AAMers have to offer about protecting yourself in such a transaction?

Is it unusal/acceptable to seek a receipt from the seller? Or proof of the orginal purchase?

And what entitlements does the buyer have with the manufacturer of the product, bearing in mind they were not the original purchaser?
 
Hi Coolaboola

Your rights will depend on whether the Seller is a retailer or a person selling in a private capacity (not a retailer)

If you purchase goods from a retailer (person acting in a business capacity) you are fully covered by the Sale of goods Act - the goods should be merchantable ie free from defect.

If you purchse from a person not acting in a business capacity you may not be entitled to any rights under the Sale of goods and supply of Services' Act. The onus is on the buyer in a private sale to make sure that the seller has proper title to the goods.

With regard to the Manufacturer, usually guarantees are for a specific time period. If the guarantee is within the time span, the right to remedy from the manufacturer should transfer over. (It would be the same right if you were for example given a good as a gift).

You would therefore be entitled to be covered by the manufacturers' guarantee which is an additional right to those given by the Sale of Goods Act 1980

Marion :hat
 
Do you have any redress against an individual through a civil action if something goes wrong?
 
When you buy from a private individual, I believe that your only redress is ifyou buy goods which are not "as described". Other than that, you have no redress.

Maybe, some of the legal people on the board may be able to clarify.

Marion :hat
 
I should also mention that you cannot avail of the if you purchase from a private individual.

Marion :hat
 
You must log in or register to reply here.
Back
Top