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puma85

Right to return faulty auction item, paid in person

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I understand the cooling off period for online purchases, but this is a little different due to the item being collected/paid in person. 

 

A used item was recently sold by auction on eBay. The seller inspected, paid with cash and collected the item in person. 

 

The buyer is now claiming the item to be faulty. 

 

If this transaction was completely remote and the item posted, I would absolutely expect the buyer to be entitled to a refund. 

 

But as the transaction happened in person would the point of the money changing hands be when the contract is made? Therefore not giving the buyer any cooling off period?

 

I think this is the key information;

Used item

Paid in person

Working when collected

Private sale

 

Thanks!

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Cooling off periods do not apply to faulty items.

The cooling off period relates to a distance purchase of an item which is of satisfactory quality.

Where an item is faulty then it become subject to the rules under the Consumer Rights Act


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Private sale of secondhand goods so caveat emptor if it was shown to be working at the time of purchase and you didnt misrepresent your position at the time of sale, ie promise its performamce, reliability etc.

Consumer rights Act not applicable to private sale.

If

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Thanks. 

 

Yes that's correct. 

 

The item was demostranted, the buyer tested and saw the item working before payment was made. 

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