Nightmare On Gumtree (Buying & Selling)

Hello everyone,

I purchase a brand new Dyson vacuum cleaner early this year. I bought it from a guy in Gumtree where he said he got it from Harvey Norman. I trusted him because the vacuum cleaner looks new ( no single scratch at all).

Around a week back, I posted an ads in Gumtree trying to sell the vacuum cleaner due to no longer needed. I advertised it with the model as the title plus attached multiple photos of the vacuum cleaner itself and with all the accessories. In the description, I just wrote "Excellent condition. Powerful Vacuum." as I am too lazy to wrote more information due to the title explain the item itself.

A women interested with the vacuum cleaner and contact me with bunch of question. I have explain to her that I got it brand new early this year and I no longer needed due to I have a Samsung robot who can vacuum the unit. Later that day, she ask her fiance to paid for the item and pick up the vacuum cleaner roughly around 4pm.

When her fiance came to pick up the vacuum cleaner, I show him the photo of the vacuum cleaner plus pointing in details all accessories listed in the ads. I also wanted to tested the vacuum but her fiance said do not need it as he trusted me.

Around midnight, I got a text from her saying that the vacuum cleaner is not as what she expected. She said I lied to her about buying it early this year as that is not the model as she expected. and asking if she can have her money back. In the morning, I replied to her explaining that I did not lied to her and she could not have her money back as I do not think refund policy is there for buying selling in Gumtree.

After my replied, she keep accusing me that I lied about buying it early this year. She said that she also contacted Dyson, and Dyson said it is bought in December 2010 and threatening to proceed further action if i did not give her back her money.

I then replied to her mentioning that there is no refund policy. Beside, her fiance already inspect it (comparing with the photo that I posted in the Gumtree ) before he paid for it.

What should I do? I do not want to give her back her money as her fiance has inspect the item before he paid for it.

What is the best way to do it?

Thank you in advance for all your opinion or comment and apologies for super long story.

Note: I have delete the post from gumtree but google have a cache of the ads. here is the link: http://webcache.googleusercontent.com/search?q=cache:ptT5C1h...

Thanks guys for all the suggestion about my issue. I am glad that I went for the right place to seek for suggestions.

Poll Options

  • 51
    Return her the money and take the vacuum back
  • 370
    Just ignore her

Related Stores

Gumtree
Gumtree

Comments

  • +27 votes

    Sucks to be in this kind of situation but she should be grumpy with her fiance not you.

    • +28 votes

      *ex fiance

    • +4 votes

      The vacuum 'sucks'.

      • +1 vote

        Perhaps, it didn't blow well

  • +67 votes

    Nightmare On Gumtree, sounds like a movie title

    • +3 votes

      OP's original title was "Nightmare of selling item in Gumtree"

      Which wasn't quite right.

      There seems to be quite a lot of issues with Gumtree at the moment, thought it was apt.

  • +18 votes

    Tell them all sales are final and that if they are unhappy with the vacuum they may resell it on Gumtree themselves.
    Taking it back you open yourself up to having parts swapped (if they had a broken vacuum cleaner) or possibly diminished quality.
    If they start to become pests let them know that unfortunately you are unable to help as the money has been spent and any further unwarranted communication may require you to obtain a restraining order.

    •  

      To be honest, that is what I am afraid of. It did not make sense as I have uploaded exact photo of the vacuum itself in gumtree ( multiple angle ) plus the vacuum with the accessories.

      •  

        do they know where you live?
        if not, just send them a final sms saying sales final and you should of asked for model number.
        then block their number on your phone.

        • +1 vote

          The fact that the finace came over to his house to collect the vacuum leads me to believe that they do know where he lives

        •  

          @Agret: He did say unit though… maybe he's behind a door with an intercom :)

        •  

          @Agret:
          whoops, missed that part of the comments above. yeah thats why i never allow them in my house, outside across the road (i live in a unit with multi blocks around - so hard to pin point where i live).

    •  

      I've had similar situations with people buying something from me, breaking it in the first few days and wanting their money back.

      I kindly ask them that I'm not Harvey Norman and there are no warranty or to kindly produce the receipt I never gave them because it's Gumtree and it doesn't work like that.

  • +38 votes

    This is why you always get yourself a $2 sim and use it for SCUMtree!

    •  

      Couldn't agree more.

      • +1 vote

        Yes that works if you are going to post something. Otherwise they simply know where you live…?

        •  

          True, but most people will bug you calling constantly rather than coming and knocking on the door. Plus if one party is lying it's lot easier for them to do it without involving any eye contact.

        • +10 votes

          @ldn0607:

          You never meet up with them at your home. I always meet them at a nearby Maccas, Bunnings or somewhere else.

        • +21 votes

          @Sergeant Salami:
          I find sellers that want to meet somewhere outside of their home suspicious and I avoid them. It goes both ways :)

        •  

          @Sergeant Salami:

          +1, except where it's low value like $10 scraps or a book.. with big items such as when I resold my GoPros it was at the shopping centre across the road. big pain the ass always driving across but i felt alot better knowing i coudl leave and they couldn't come back to bug me at my family's house. I still got rid of some items at the house but i try not to now.

        •  

          If you give them a mobile number, you can just it block it through your OS.

        •  

          @Sergeant Salami:

          That's dodgy, I wouldn't buy something off someone who told me to meet them in a Maccas carpark.

          It's better to just tell them to come to your work/school. At least that sounds legitimate and I'd rather someone know where I work rather than them knowing where I live.

        •  

          @PleasureMe: Absolutely!!!! I would not be meeting some random person in a Maccas carpark to buy a vacuum cleaner!

          The paranoia goes both ways

        • +1 vote

          I always try to meet in a shopping center with cameras around. If people ask why, I tell then it's a high value item (most are) and its safer for both myself and the money they carry. Never had anyone say no to that.

          If they still don't want to meet that's their choice. Lots of people to sell the item to.

        •  

          @ahara:
          If a seller is adamant that they don't want the transaction to be done in their home because of safety concerns, I would suggest outside a police station rather than shopping mall. I remember reading some news about Gumtree people meeting at a busy mall and the buyer just ran off with a luxury watch after requesting to try it on.

        •  

          @Omitsuki: Yeah fair enough. I think there are limits to what you are willing to sell on gumtree and where to meet.

          Luxury watches via Gumtree may not be one of those items.
          All within reason I would think.

        •  

          @Omitsuki: Pretty sure someone could run off with a luxury item outside a police station too lol.

        •  

          @FatBlanket: funnily enough i got the best deal on gumtree from the shadiest looking guy who i ended up smoking with and having a beer. He had a nice car too and pretty sweet clothes on. Always wondered if he was just selling the item cheaply so that he could do me a favour. Item was in pristine condition too. Nice guy just looked like he was going to rob me at first.

      •  

        Don't like it
        Don't use it
        Or you could use it then whine like a little bitch
        I prefer the latter

    • +1 vote

      Also, if possible, NEVER meet at your house. If they really want that refund, they could force it (illegally).

      •  

        Gumtree states not to meet anywhere else don't they?
        Or maybe I read it on another website

        •  

          Not to meet anywhere else besides the sellers home?

          Don't think I've ever seen that, even if it does, it's not a law, you can meet and seller wherever you like.

          My statement is based on taking simple measures that would avoid post-transaction problems eg. Coming to your house and harassing you and your family.

        •  

          And if they did state to not meet anywhere else other than home, they're (gumtree) nowhere to be seen when these things happen.

          In other words, you do what you need to do.

        •  

          I think it states to collect not to post - doesn't specify where to collect from though.

    • +1 vote

      And never sell anything from your own house. Sell it from work if you can.

  •  

    I would like to know what "further action" she is talking about.

    •  

      I have no idea about further action that she is talking about. I have sold couple of stuff in gumtree but there always end without any issue. This was the first time i stumble with complicated buyer. That's why I seek for advice from everyone in ozbargain. All i know is the purpose of selling in gumtree so that buyer can come and inspect the item before they paid the item.

      • +1 vote

        She can't do jack. Her problem, this is Gumtree, hit/miss.

      •  

        Did you include a serial number or other identifiable information in the ad ? If not then you can always argue that it was purchased a while back but never opened, or that she is trying to 'scam' you with a diff item than the one you sold her too.

        The last part is your get out card if it gets messy.

        Only issue is they know where you live but I think you standing firm and threatening to involve the police for harassment if they keep going on May do the job.

        There is only so much you can be reasonable with ppl like that

    • +7 votes

      Nothing. Buyer beware with second hand goods

      • +1 vote

        Caveat emptor clause?

  • +34 votes

    If I am reading this correctly, you lied to her when you said the vacuum was brand new this year. Now that she has found out that you had lied, she expectedly gets back to you? If that is true, then I would be asking for my money back as well.

    •  

      He didn't lie that is what he was told from the previous owner.

    •  

      I really bought it brand new early this year and I am selling it as a used ( not brand new ) as I have been use it for almost one year.

      •  

        don't dyson have model numbers on their vacuum cleaners?

      • +47 votes

        Brand new means unused and usually means from a retailer. Buying secondhand from someone because it looks new is not brand new. They could could have bought it 4 years ago and used it 2-3 times … thats not brand new. You purchased the item "As New", which implies you are the second owner but you picked it up in as new condition. That being said, it is still the buyers responsibility to inspect the unit and do their research.

    • +3 votes

      Thats how it reads for me as well.

      Is the model you placed in the title of the add the correct model? I just woke up recently (so still a bit blurry eyed to read) but it sounds like you put the wrong model in the add? which is like trying to sell someone and Iphone 7 and instead giving them an Iphone 4s. Unless I am reading this wrong and misunderstanding? (which I hope is the case)

      •  

        I have post the exact model plus the current photos of the dyson vacuum cleaner. I have added the cache from google about the ads.

        •  

          Thanks for clearing that up for me, it does say condition used in the add and I'm assuming the model in the title is the correct one. I'd definitely if I was you keep a copy of the add, if anything does try to happen then you have full proof that they knew what they were buying beforehand. They knew the exact model of the vacuum cleaner and could easily check when it came out along with knowing the condition it was in.

        •  

          On the right side inside the description, there is a box. It wrote:

          Date Listed: 03/11/2016
          Last Edited: 04/11/2016
          Condition: Used

        • +11 votes

          You didn't post the exact model number, you posted the equivalent of saying a Ford Focus. From what I could see the DC23 goes back at least to 2009. Now admittedly she shouldn't have taken your word for it that it was the current model which she would have assumed is the case as you told her you bought it brand new when the truth is you bought it in excellent condition when it could have sat in someones cardboard for 7 years. Can you not see how she would feel mislead by this?

        •  

          @donkcat: the model number is taken from the vacuum cleaner itself as i did not kept the box. I never never ever said it is the current model. I just saying the fact that i bought it brand new early this year. I also attached the photo of the vacuum in multiple angle. How can it be mislead when the item that you purchase is exactly the model number and the photo listed in the ads?

        • +10 votes

          @doremoon:
          But with the photos provided I can't see a model number listed other than the DC23 which doesn't reveal much. I think most people would assume that a vacuum cleaner bought this year would be the current model or at worst 1 year old model. Don't you think it's unfair that the model is now 3 years old when you said it was bought brand new this year. Your average person would assume it's the current model.

        •  

          Every model of dyson are look different. How i know what kind if model did the buyer wanted to purchase? And how i know that she did not do her homework checking how it is look like? I am trying to sell my item as transparant as possible by providing the model of the vacuum that stated in the vacuum plus i have provided multiple angle of the photo. if you do have a better way to ads it, please do teach me so i can use it in the future. Note: this deal is made by cash in hand (not postage), so she or her fiance have plenty time to inspect the item and refused if the item is not as what they want.

        • +7 votes

          @doremoon:
          The only way I can see is you needed to take a photo of the serial which is under the canister which would allow her to call up. The bottom line is she hasn't done her homework and didn't ask enough questions. All I'm saying is it's understandable that she is disappointed as I think your average person would assume that when you describe an item as purchased brand new this year they would think it's bought in a retail store and there for the latest model. At the end of the day you had no way of verifying it was brand new when you bought it other than your own judgement. Can you blame her for not believing you that it was bought brand new this year given Dyson have told her it's 3 years old?

        • +1 vote

          @donkcat: is there any serial number? all i saw is the model number only. As a buyer, I am going to inspect the item first before i paid for the item. that is the reason why i sell it on gumtree ( not ebay ) as I want buyer inspect the item first.

        • +2 votes

          @doremoon:
          Yes the serial number is under the canister, so you need to remove the canister to reveal it. Her mistake was trusting your description of the item.

        • +1 vote

          @donkcat:
          I have bought plenty of stuff cheap because it's sat out back and got dusty hidden behind stuff.
          Still brand new from the store just a generation or two behind.
          If I was to onsell some of it I could probably then sell it for the same price. The buyer doesn't know what date and price I paid.
          In this case here though I think it's irrelevant. When buying second hand never trust the seller. Do your research and prepare to gamble. Hope for the best but expect the worst. If you want a guarantee buy from a shop.

        •  

          @DarwinBoy: I might bought the vacuum from you :D I always buy stuff from gumtree ( cheaper from retail ). But I always check my item before handed the money and I need to know if its real or fake ( when I bought my iphone 7 )

        • +6 votes

          @DarwinBoy:
          I agree Darwinboy, it's just I hope the OP understands that either deliberately or innocently they have been misleading in their description as it wasn't completely honest. The buyer has bought under the assumption that the OP was perfectly honest and that it's bought brand new this year and there for under warranty. It's highly probably that they paid the market price for a 2nd hand Dyson that is still under warranty but they haven't received that and feel ripped off. The buyer made the mistake of trusting the OP and not asking enough questions.

        • +3 votes

          @donkcat:
          I think the buyers biggest mistake was having someone else buy the product.
          I would never send the missus. Not if I wanted to make sure of what I was getting. Also allows you l to ask the same questions but in person.

        • +2 votes

          @donkcat:

          That shouldn't matter. Unless the ad specifically said "bought band new, this years model" it is buyers responsibility to check..

          Retailers can still sell brand new stock years after they come out. Whats to say it wasnt an old model purchased this year? Would still be brand new…

        • +1 vote

          @doremoon: I think you've gone to great lengths (model number, photos, inspecting item) to do the right thing, but this is a case of miscommunication or mistranslation (if English isn't a first language). As said above, brand new implies the item was bought from a retailer, even if technically it was brand new when you bought it second hand. Also it's a case of a beginner's mistake - I feel like Dyson have five different models of the handheld out now, not including changes to these models over the years - it's hair pulling out stuff for anyone probably not research savy or an ozbargainer. I think you did you're best to do the right thing.

    • +1 vote

      Why does it matter? She didnt ask for a receipt so not sure why it matters if it was brand new this year or not, shes buying second hand. She should have done more research and asked more questions. Thats not up to the OP to spoon feed her. If there isnt all the relevant information in the sales post, the buyer needs to ask the questions or buy it and take the risk.

    •  

      But if you were in her situation you would not be on ozbargain.
      Ozbargainers always research their items and that's what she should have done.
      All the information she needed was easily accessible either by google or a phone call which she did after the purchase.
      I don't think we are hearing the full story here

    •  

      In gumtree there should be absolutely no trust at all.

      If it matters to you check. If one is not satisfied, walk away.

      How much face value you want to give it is up to you.

      There is no customer protection at all.

      Yup, I buy and sell on gumtree too. I know once money changes hand I can't get it back anymore so I am extremely careful with checking. If the purchase date matters to me, I'd ask for a receipt. If the model matters to me, google.

    •  

      Your the first person who spotted it. It wasnt brand new, it was sold to OP by another party first. What the heck.

      Melbeng is spot on

  • +6 votes

    Did you tell her that it was BRAND new this year? Or that you bought it second hand this year?

      • +16 votes

        I bought it brand new.

        No you didn't. You bought it privately "as new". The difference is it probably no longer has warranty.

        • -11 votes

          It is brand new as everything still in plastic and box. Plus im 100% sure it is never been use as there is a smell of new that you got from new item.

        • +14 votes

          @doremoon: I think the term your looking for is "As new".

        • +9 votes

          @doremoon:

          If you bought it from a retailer, maybe you can call it brand new. But if you bought it from a private seller (so you're not the original buyer), it's not really brand new.

        • +1 vote

          @doremoon:

          If its brand new, do you have the tax invoice from the retailer? That will be the date the warranty started.

          If you don't have the tax invoice, it is not "Brand New".

        • +4 votes

          @doremoon:

          Plus im 100% sure it is never been use as there is a smell of new that you got from new item.

          Will Dyson accept the "Small of the new item" as a proof of purchase for warranty reasons? :)

        •  

          @matt_will_fix_it: I bought some stuff that are brand new from gumtree ( no receipt or proof of purchase ) such as iphone 7 that i bought couple weeks back. As a gumtree buyer, If I bought a stuff, I am not worried that much about warranty as I am paying cheaper. Therefore, I do not think tax invoice determine if a item is count as brand new or not. If the item is on box and original packaging, of coz it is still brand new. Note: It is just my humble opinion.

        •  

          @doremoon:

          I totally agree with you. If the item has not been used it is brand new.

          Brand new does not imply it was bought from a store, is a current model or has a warranty.

          It doesn't sound like she is interested in warranty (or her fiance should have asked for a receipt), but she is after the current 2016 model. It is entirely possible to have bought a 2010 model from a bricks-and-mortar store earlier this year.

          Her claim that you have lied is completely unreasonable, and as you are a private seller on Gumtree you have no responsibility to offer a refund.

        • +8 votes

          @doremoon:
          The person you originally bought the vacuum from bought it 'brand new'. What you bought from him was a 2nd hand, 'as new' vacuum.

          The difference is subtle, but not something than can be argued.

          It was an honest mistake on your part, but one that led the buyer make false assumptions about the model and therefore value of the vacuum.

          Yes, she should have done her homework; but as your ad was unintentionally misleading, if I were you I'd give her the money back.

          The fear that this might be an elaborate scam to somehow dupe you out of vacuum parts is ludicrous. Do you think she purposely scoured Gumtree looking for an ambiguously worded ad for a compatible (though presumably older) vacuum than her own, broken one? Not likely, is it?

  • +28 votes

    Tell her there is a 50% restocking fee then sell it off again

  • +15 votes

    I think she bought it to return to Dyson after swapping out her faulty parts, as she assumed Dyson would honour warranty on item purchased within year.

  •  

    I've had some similar annoying experiences with Gumtree. I had a guy come to buy a mirror, which i had listed as being 'heavy' and he commented on how 'heavy' it was, and i said "yes it is heavy, so I haven't hung it on my plasterboard walls at my new house"

    Then he texts me a week after saying its too heavy. I just ignored it, and he went away

    AAAAAANYWAYS…my actual point was going to be, why not just take it back and re-sell it? Surely it isn't a huge hassle on your part. Or did you manage to sell it for a really good price?

    • +6 votes

      I would love too but I am worried that she change the parts without my knowledge as her fiance already took the vacuum home and she just contacted me almost half day after she had the vacuum.

      •  

        And that's exactly your get out of jail card in case she pushes it further.
        She cannot prove what you sold her and cannot prove that what she is 'giving' back to you is what was part of the sale.

        Without a serial number in the ad it's one persons word against the other. No witnesses and not other proof.

        Problem solved. Move on

  • +4 votes

    Well that sucks

  • +6 votes

    Caveat emptor

  • +1 vote

    Always inspect the item before agreeing to a sale. Inspect all items carefully to ensure they match the description in the ad, and any issues are known before you finalise the sale.

    http://www.gumtree.com.au/scam-security-centre/gumtrees-top-...

  • +5 votes

    I had a similar experience, though with a different electronic item. Luckily, I used a disposable phone number and I didn't meet at my house. The idiot wanted a refund, after I said no, he threatened me and threatened to call the cops (lmao). He then demanded my address…Yeh I don't think so. Don't have to worry about him stalking me or messing up my house.

    •  

      god that sounds like when i sold a samsung galaxy tab 2.

    • +2 votes

      Demands address: 1060 west Addison.

      •  

        *Googles address**

        Nice.

      • +1 vote

        Are you a known traffic menace, with a record a mile long.

        …and a catholic?

        • +2 votes

          No ma'am, were on a mission from God.

  • +6 votes

    in my experience gumtree=scumtree

    sold an iphone through there a few weeks ago, had so many idiots demanding i drop the price to their offer, then abusing me for not.

    the funniest one was a guy telling me he gets paid at midnight. he wanted me to meet him near a servo at midnight and he would bring the cash, um yeah but no i didn't feel like getting rolled.

    i'll stick to selling stuff on ebay from here on in.

    • +1 vote

      i meet in the shopping centre (local one). Ifigured they could roll me but at least it's in the shops area where ther'es lkely to be CCTV if not others around and you'd have to be alot more daring.

      •  

        yeah when i sold the phone eventually i met the people in maccas.

        but yeah meeting someone at midnight for a sale, nah sorry bro lol

  • +1 vote

    Did you actually tell them that you bought it brand new from ANOTHER guy on Gumtree?

    Not that it matters, buyers beware on Gumtree.

  • +8 votes

    I had the same issue with some braud when selling a rowing machine. She was harassing me non stop with texts. She even said i can keep $100 of refund. Told her to jog on then put her number on locanto looking for casual encounter.

  •  

    Since she didn't buy the item from you she has no legal standing to be involved in the transaction. Tell her to stop contacting you. Item is sold.