Sold Item on OzBargain - Buyer Threatening Police Action

Hi Ozbargainers,

I recently purchased 2 Xbox One X's bundles only to realize I had no need for the second bundle.
https://www.ozbargain.com.au/node/524064

So I put up a message saying I was selling it at cost price and was private messaged.
I messaged the buyer and we met up, It was a very cordial meet.

I had forgotten the bonus controller that was part of the bundle so offered to discount $70 off the cost (Which is the RRP price of a new controller) which I thought was more than reasonable and the buyer accepted.

I had advised the buyer that the seal had been broken and I had opened it to ensure the contents were all correct.
Game code and other items all sealed.

The buyer claims I sold him a second hand machine now and wants a refund as he believes the machine is 2 years old (Apparently serial says it's out of date) , He has advised that he will contact the police, My employer (Via Linkedin) and essentially anyone he can via my social media presence.

I've provided him the exact tax invoice that was sent to me and believe he should pursue it with Microsoft. I do not feel like I should have to take the purchase back as it was all made in good faith, I had offered for him to check all the contents with me at the meetup but he declined.

He is now saying I should take it back as it might be infected by Corona Virus and he doesn't want a second hand item.

What is my legal requirement in this regard?

Thank You

RESPONSE TO THE BUYER - https://ibb.co/r294K6b


11/4. Mod Note:

  1. Do not post personal details of other users. Guidelines
  2. User(s) who have an undisclosed relationship with other users, and used that relationship to artificially comment/mislead others, including false profile information, have had comments removed and account banned.

Poll Options

  • 968
    Ignore Buyer and Stand Firm
  • 222
    Take the item back and make a loss

closed Comments

      • +25

        Ethically speaking though, its a bloody scumbag move to switch an old product with the new and sell it as an unused product. Even if there is no recourse for said behaviour due to a private listing/sale.
        Now, I'm not saying that is what has happened since it's a he said/she said situation, but since the buyer has actually shown up and responded to the allegations, I believe @ZackyD will need to respond to the counter-accusations. Explain to us why the xbox was said to have been registered 2 years ago. Did you bait and switch the old with the new?

        • +2

          Yeah I agree, sounds like OP might have pulled a swifty on the buyer. Probably nothing buyer can do now, but it's a pretty low act nonetheless.

        • 100%. But as a buyer you should always tread on the side of caution and inspect things prior to handing over money, especially for "used" goods.

          It will be interesting to see what op has to say….

          • @nomoneynoproblems: OP will probably say nothing. I guess it's possible that the buyer is the one trying to pull a swifty by returning an old console - honestly I tend to believe the buyer because it would explain why the controller was missing - it was more obviously used and OP knew it would be a huge red flag.

          • +1

            @nomoneynoproblems:

            especially for "used" goods.

            The thing is that OP claimed this was brand new and he opened it just to "inspect" it. AND this was AFTER THE SALE?!

            If someone is selling you something and tells you "oh yeah I just opened it to make sure everything was fine" it could very well lead you to trust the OP depending on how they come across. OP did say the sale was "cordial". It is smarter to distrust them if they say that sort of thing but not everyone will act that way.

            I think something dodgy is going on, does OzBargain really think that someone would resort to such childish (and also somewhat humorous) threats to OP if everything was squeaky clean? Would people just jump at others like this after a sale if nothing went wrong, especially if the sale was "cordial"? I don't think so. I think OP swapped out a controller, probably the adapter too if they were willing to swap something out. Maybe not the console as others have said they had issues registering their Xbox from that deal.

    • +6

      Boot up the console and sign in to it using your Microsoft account. Then, using PC, go to Microsoft account, sign in, and check under devices. You should be able to see the warranty of your xbox there. You should see a full 2 years warranty if the console is brand new

      • +1

        This thread needs pics, a screen shot of this would be a good start.

    • +3

      There's always a risk buying off a private seller compared to a genuine retailer. You don't always win and while you can try and do your best to minimise the risk, you need to be able to accept there will be sometimes you can't test, verify, check a product is perfectly working, genuine, without fault, etc.

      My takeaway, you're both as bad as each other.

      Seller is a (profanity) for misrepresenting an item he sold.
      Buyer is a (profanity) of trying to blackmail the seller by searching their social media and contacting employer.

    • Because he's a scammer - please do everything in your power to properly report him; unsure if consumer protections apply for a private sale but this would definitely constitute misrepresentation/false and misleading representation of the product if you can prove it isn't new through Microsoft.

    • +3

      "I had opened it to ensure the contents were all correct."

      You should be wary when someone says this.

      It happened to me on gumtree in the past several times.

      I am an owner of multiple xbox one x.

      You are not lost yet because you can check when the console was first log on tho xbox live/ultimate if you want to reveal the scammer or not.

      Call Microsoft/Xbox for support.

      • what do you guys do with so many xbox? Wouldn't it be better to diversify and own an xbox, a ps4, and a switch instead?

        • I have a family account so kids can play their games at anytime/anywhere especially school holidays and they are also my 4k player around the house.

          But right now they are into their switch which is also good as the digital games allowes them to play any games in library just not the same game at the same time.

          …and I have several ps4 pros and switches too.

  • +7

    Epic thread. I propose ZackyD and randomstuff battle it out in a multi-player game of our choice. Winner takes all.

  • +23

    The plot thickens.
    To be fair to the buyer, the seller has some explanations to do.

    1) If it's new, why is there a need to break the seal to verify contents?
    2) Microsoft confirmed item registered 2 years ago. How is that possible if it's new? So did seller do the switcheroo? Buy new item, swap with old and claimed it was just recently purchased???

    • +6

      We will never know. We can only rely on the information provided.

      If OP says it is new, we must consider that it is new unless we know otherwise.

      Now that the other party is disputing this, we should remove in entirety the consideration if it is new/otherwise.

      What is left is - OP sold a product privately, buyer inspected and accepted the product. Based on that alone, the transaction is entirely legitimate.

      Also, the buyer's personal threats and ridiculous claim of being put in "danger" is pretty damaging.

      • Is it truly that different for a private sale vs purchasing from a business? If a business sold you something as new and then you later found out it wasn't you could have them up for a misrepresentation of the product

        • +4

          Is it truly that different for a private sale vs purchasing from a business?

          It indeed is. Buying from a business grants you consumer protections under the ACL. Buying privately doesn't.

          • @[Deactivated]: It's sad how this actually needs to said.

            • @nomoneynoproblems: Depends.

              If one is coming from the angle that no one is entitled to consumer rights then it is a pleasant discovery to know that one is afforded more protection when buying from a business.

              If one is coming from the assumption that everyone is entitled to every misconceived right then one would be very entitled and unpleasantly surprised.

        • Consumer protection laws exist to protect individuals from dishonest behaviour because there is a clear power imbalance when it comes to an individual suing a business.

          Legally, there's always the option of criminal charges for fraud. However, police are unlikely pursue small cases unless it is a repeat offender.

          A buyer can also take an individual to the small claims tribunal, but it's probably going to be a waste of time.

      • OP sold a product privately, buyer inspected and accepted the product.

        OP sold a product privately under the guise of it being BNIB, buyer accepted the product, OP then sent a dodgy ass text saying "Hey Buddy the box is opened and the package doesn't look like new.", buyer then checked contents and saw things weren't right.

        FTFY, the events aren't as simple as that. Partly because buyer didn't do their due diligence by checking the seal, partly because OP was passing off an opened box as a brand new box.

        • FTFY, the events aren't as simple as that.

          It never is yet it somehow paradoxically always is.

          passing off an opened box as a brand new box.

          What's that saying when someone tells you, "don't worry, you don't have to read the contract, just sign here."

          • @[Deactivated]:

            It never is yet it somehow paradoxically always is.

            The buyer didn't inspect though as you seem to have claimed? They may have gave the box a quick once over, but clearly they didn't check the seal otherwise I wouldn't be typing this.

            What's that saying when someone tells you, "don't worry, you don't have to read the contract, just sign here."

            I would say it's called a dodgy salesmen trying to coerce someone to buy their product. I would say the seller acted unconscionably here considering that they knew they had opened the box they were selling yet passed it off as new.

            Not sure why you're using a business sale example (i.e. signing a contract) in this instance when you yourself have said that one is not afforded the same rights in a private sale. Seems a bit like a paradox to me.

            • @Ghost47:

              I broke the seal… When I advised the buyer when he texted me, He original response was OK so I had left the matter.

              OP claimed the matter of the broken seal was made known (and verifiably so via text message) before even attempting delivery.

              I messaged the buyer and we met up, It was a very cordial meet.

              This implies that there was a physical interaction with the buyer. Correct me if I am wrong. Failing to inspect before accepting the goods at this point doesn't imply that the buyer was prohibited or denied the opportunity to inspect. The buyer forfeited the opportunity to inspect.

              I'm not saying that OP or the buyer has lied as the claims of new vs used is irrelevant at this point. The buyer is claiming physical and visible wear (and furthermore, stating it was obvious) after the opportunity to inspect and reject goods have been voluntarily surrendered.

              • @[Deactivated]:

                OP claimed the matter of the broken seal was made known (and verifiably so via text message) before even attempting delivery.

                Yes, and buyer is claiming the text came shortly after they parted ways. What's your point? Seems like you're mostly relying on what the OP has provided.

                This implies that there was a physical interaction with the buyer. Correct me if I am wrong. Failing to inspect before accepting the goods at this point doesn't imply that the buyer was prohibited or denied the opportunity to inspect. The buyer forfeited the opportunity to inspect.

                I never claimed that the buyer didn't have an opportunity to inspect or that they were prohibited to. Simply that the turn of events you mentioned is not how they actually played out simply because this thread wouldn't exist if both parties were satisfied. No one is saying the transaction itself was illegitimate. Of course it was legitimate if the OP has their money and the buyer has an xbox.

                • @Ghost47: I'm just attempting to be impartial so I can only go with points that are either undisputed and relevant.

                  buyer is claiming the text came shortly after they parted ways

                  News to me so glad to remove that from consideration.

                  Anyway, if OP is indeed scamming that he has got away with it as far as legality is concerned. As for the actual details of the events, that's between OP and buyer. To the rest of us, it will still come down to buyer beware.

                  • +1

                    @[Deactivated]: You keep talking about "consumer rights", which as you correctly point out are irrelevant in a private sale.

                    However, it's certainly NOT legal to fraudulently sell items. That makes no sense. Using your logic I could sell hundreds of "consoles" to people which are just lead weights in sealed boxes with no recourse at all…

                    I'm not sure you fully grasp the actual rights people have given your bizarre rant about people being "entitled" for believing they have rights.

    • +10

      I'm starting to think OP was deliberately scamming the buyer into thinking it was new and "just opened" knowing that it was complete BS.

    • +1

      1) If it's new, why is there a need to break the seal to verify contents?

      I agree this is very suspicious. Who does this without some sort of ulterior motive? Saying something like "I'm selling a brand new Xbox but I broke the seal to make sure everything was in there" is really weird, especially since it comes after the sale.

      2) Microsoft confirmed item registered 2 years ago. How is that possible if it's new? So did seller do the switcheroo? Buy new item, swap with old and claimed it was just recently purchased???

      It appears this is okay, others in the Xbox deal thread say their system was registered already.

      • +5

        I believe the Xbox has been swapped as well. Others have said their Xbox was registered on purchase and were given 26 months of warranty, while it seems like the buyer's device was registered 2 years ago and only have a few months left of warranty, this is definitely a big red flag.

        • +1

          Ah right I see, didn't catch that part. Yeah that's dodgy as.

    • could always be a lie. can't believe anything you read.

  • +4

    It's now a case of he said she said. We will never know who is telling the truth. Therefore, it is on the buyer to check and inspect the items before purchase. Why would you check 5 minutes later and not at the premise of the seller?

    • +3

      We will know who is telling the truth if they both get on a webcam and we hold an OzBargain trial.

      Buyer should definitely have checked the seal when they picked the item up. Dodgy of the OP to supposedly have sent a text afterwards saying "hey mate the box has been opened", it's clear the buyer trusted OP.

      • I second this motion, trial by ozbargain it is

  • +1

    I love lamp

  • Aw shit, dude. Makes me feel bad that I didn't go through with splitting this with you.

  • +13

    Why would you buy 2 then realise you didn't need the second? I buy multiples all the time of random crap but an xbox is the kind of thing you only use 1 of?

    like oh i bought 2 beds for myself then realised i didnt need the second one…

    The fact that you thought you might need 2 when you bought it doesn't really add up…but makes for a great reason to "sell the other" and get rid of your old one…unless of course you bought 1 for a mate but they didnt want it. Still odd.

    • +3

      My take on this is he bought these 2 new brand xbox to resell them as he already owned one at the time. However, he went abit further and was very naughty while doing so…

      https://www.ozbargain.com.au/comment/8537211/redir

      https://www.ozbargain.com.au/comment/8438195/redir

    • +6

      Yeah what the OP is saying does NOT add up. The fact that he won't even answer these questions makes it seem like he did something dodgy here in the sale. I think the buyer has a case and OP is dodgy trying to make a quick buck. Why would you ever if you wanted to sell the other and already have your own new one for yourself, would you need to open the one you are going to sell and take the controller out?! makes literally no sense at all. OP is dodgy.

  • +14

    Hey OP, why did you buy 2 when you already had an Xbox One X to begin with? Then you proceeded to open one to 'check' everything was in there? Why did you open it? Breaking the seal to 'check' makes no sense. You realise how bad this looks for you, right?

    Either way, someone is not telling the truth.

    • Is it that odd to have more than one? When the xbox One came out, I bought 2. The other went to my brother. Later a third, for my other brother, and I've since bought an xbonex.

      The seller isn't entitled to anything here, after agreeing to a private sale and then accepting said items. They had an opportunity to inspect the goods and didn't. Given it was apparently obvious that they were used, it would have been obvious at the time. I'd be sympathetic, if they didn't act like a total prat about it. I find it hard to trust anything the buyer has said because of this.

      Also the OP should bugger off for trying this deceptive ploy for unearned sympathy. I find it hard to trust anything they've said.

      So they could both be bullshitting, so the only thing we could possibly agree on is that buyer should beware in a private sale.

  • +31

    Is OP still here? Or do we have to call his mum?

    • +4

      How about his employer via LinkedIn?

  • +16

    I stopped reading after op mentioned they opened a sealed box to check the content lol. Yea sure. Anyway a transaction between 2 ozbargain morons turns bad. Who would have predicted

  • +12

    Scumbag OP trying to seek sympathy. This is too epic.

    • +8

      The kind of person who tries to replace his old crap with new, then pass off the old one as new, is the same kind of person who creates sympathy threads that try to justify why they are not the dog.

      Having said that, the buyer doxxing the seller is a dog act too.

  • +15

    OP's post should be re-titled as -"Scammed a fellow OzBargainer on OzBargain - Buyer Threatening Police Action"

    • +4

      Sounds to me like this is most likely the case. OP left the controller out of the box on purpose because it would have appeared obviously used - the console itself is harder to tell.

  • +3

    I bought an Xbox from a reputable retailer and lived happily ever after. The end.

  • +16

    F****

    We have all been played by the OP.. SCUMBAG OP!

    • Speak for yourself and the (at the time of this post) 663 others who voted in favour of OP! What planet am I living on right now? It surely isn't Earth.

      • +8

        The majority of votes were before randomstuff told their side of the story and there's no way of revoking poll votes.

        • That's a fair call, it's just sad that if someone gets their word out first that it must be the truth in the eyes of OzBargain. Although as I've said in previous comments it doesn't help that the buyer made threats about calling OP's mother and employer, lol.

          • +1

            @Ghost47: No, i sided with the buyer as soon as seller made the post.

      • +2

        It's very easy to take the moral high ground after the buyer came in with his set of events. OP told a one sided story that had all the points in his favour. This is the only information we had so of course majority would side with him. Plus it is a well known scam to buy something new and replace it with an old item and try to get a refund.

        • +3

          Just because one side was presented doesn't mean that people should just roll with it. That's the issue I have, no one seems to have questioned the OP at all, just blindly believed them.

          • @Ghost47: I agree that we should listen to both sides of the story before deciding.

            However, given it's a discussion forum, we need to assume what the OP initially said is true to give an opinion. The buyer coming in with his side of the story changes things of course.

            • @Hunter14: In my opinion I don't think that we "need" to assume whatever an OP says is true.. whilst we do have to go off what they say to give an opinion, we should still keep an open mind. It's clear that most of the comments on here before it was found out that ZackyD was a dick supported the OP without any thought of whether or not there was another side to the story.

              It's like seeing a story on the media and believing it without thinking a bit deeper into what may have happened.

              • @Ghost47: Yeah fair enough. Don't believe everything you read. However, I still maintain this is a discussion forum and we need to assume truthful until proven deceitful. Otherwise we may as well ask for the other side of the story on every post. Had what OP said was true all along then I would imagine people would side with him. However, now he has been exposed for the scum he is.

    • +1

      No, OP didn't play me. I called him out as the scammer from the start.

  • +7

    This is epic. From victim now, seller looks like he's trying to pull a slimey. Nasty piece of work

    • +3

      OP has yet to respond although many of the comments pre-buyer's response is still appropriate. Many of the comments were predicated upon private sale, buyer beware, all sales are final.

      What is concrete evidence (based on the screenshot of the PM) is that the buyer made personal threats and tried to leverage "COVID19 and family danger" to strongarm OP.

    • +6

      I actually think the buyer has a decent point. Why did you advertise it as brand new?? You don't buy a brand new item from the shops which has the seal broken and controller taken out. Who knows what you have tampered with or done to it. That's not a brand new sale and I think you duped the seller into buying it (him thinking it was brand new). Once the seal is broken it is essentially a used item. I actually think in terms of a fair sale you are at fault here.

      Please answer some questions others have asked you OP:

      "To be fair to the buyer, the seller has some explanations to do.

      1) If it's new, why is there a need to break the seal to verify contents?
      2) Microsoft confirmed item registered 2 years ago. How is that possible if it's new? So did seller do the switcheroo? Buy new item, swap with old and claimed it was just recently purchased???"

      Why would you take a controller out when you already had the other xbox for yourself with a controller and unit… makes no sense. Please explain to everyone and stop dodging questions.

      • +3

        I agree, I wouldn't accept anything brand new with a broken seal.

        I bought a new iPhone cable from a shop via click and collect. When I got it to the car I opened the bag and the box was wide open, the cable was missing it's little tabs that hold it together so it had obviously been used (guessing on a display phone). Took it back in and asked for a new one :)

      • +5

        I think that's exactly what OP has done. Bought a new xbox and done the old switcheroo.

  • +6

    This just got interesting…grabs popcorn.

    • +1

      Mmm popcorn, pass some over here.

  • My bad
    *should of read comments first *

    • +5

      *have

      • +3

        Ah yeah.
        That one always gets me.
        My grammar is terrible in general though.
        Fifth - grade education has it's drawbacks

  • +2

    It really is 2nd hand, because you opened it. Sealed = New.

    • +3

      It could also really be second hand because OP put a used Xbox in the box ;)

      • ha, crikey. sorry, I missed the comments above!

      • Also, OP must be bored in isolation, and just trolling. Prob laughing their head off right now… and I fell for it, doh!

  • +1

    Big yikes.

  • +3

    I actually think the buyer has a decent point. Why did you advertise it as brand new?? You don't buy a brand new item from the shops which has the seal broken and controller taken out. Who knows what you have tampered with or done to it. That's not a brand new sale and I think you duped the seller into buying it (him thinking it was brand new). Once the seal is broken it is essentially a used item. I actually think in terms of a fair sale you are at fault here.

    Please answer some questions others have asked you OP:

    "To be fair to the buyer, the seller has some explanations to do.

    1) If it's new, why is there a need to break the seal to verify contents?
    2) Microsoft confirmed item registered 2 years ago. How is that possible if it's new? So did seller do the switcheroo? Buy new item, swap with old and claimed it was just recently purchased???"

    Why would you take a controller out when you already had the other xbox for yourself with a controller and unit… makes no sense. Please explain to everyone and stop dodging questions.

  • Have another phone number just for Gumtree communications.

  • +9

    "ZackyD on 13/03/2020 - 03:57new
    Great post OP.
    Already have an Xbox One X but figured I'd sell the game and both controllers for about $40-50 each

    It's a very capable machine and not in any rush to upgrade to Xbox Series X until a few years in."

    explain this

    • Boom headshot

  • -1

    There are three versions of the truth.

    The seller's version, the buyer's version, and the real version of the truth, which is somewhere in the middle.

  • +6

    Someone's OzBargain street cred'll be destroyed,
    Don't hide this thread Mods, preserve this corner of OZB history

    • +6

      popcorning intensifies

      • I think this is relevant.

    • +1

      Does the invoice show a serial number?
      If so would settle this thread immediately!

      • -5

        Unfortunately not :(

    • +6

      Yes I did open both boxes as initially I had bought one for my living room and one for my brother. As it was an insanely good deal to begin with I figured if he didn't want it I would be able to sell it on at the same price without making a loss.

      This doesn't explain why you broke the seal, and contradicts your original post where you say you broke seal to "ensure the contents were all correct." Which nobody does by the way. Nobody breaks the seal to check the contents are all there. The instant you do that, it's no longer a brand new item.

      • -7

        I think you are over analyzing it too much, There was no intent to originally off-load it at the beginning so I had no hesitation to open both consoles up to check that the advertised items were all in place.

        Anyone who bought the deal can confirm that there was no markings or advertising on the box to indicate the free games were inside as most bundled packages do. It was simply a normal Xbox One X retail box.

        Again interpretation of Brand New is open for debate. In my viewpoint it was unused or removed from it's internal packaging.
        You can also have this same debate with EB Games, Alot of their merchandise has been opened up and removed from it's shrink wrap.

        It was plainly obvious that the seals were broken and hell, I even said feel free to open it and check the contents.
        Even when I drove off and he called me to query this, I explained the same thing.

    • +1

      Okay, but can you please explain your comment history, which seems to indicate you had a total of three Xbox's.

      Seller saying he had an xbox already: https://www.ozbargain.com.au/comment/8438195/redir
      Seller saying he bought 2: https://www.ozbargain.com.au/node/524064#comment-8438545

      You had one already, but you bought another two. Something seems dodgy here…

      • -6

        Correct - I had 3 at one point. Pretty sure I covered that.
        Not here to debate fishyness (Not a seafood guy personally)

        If the buyer wants to take me up on my offer of peace I'll leave it to him.
        I already thing I've been more than accommodating to a person who's threatened to reach out to people within my social/professional life in order to defame me.

    • -4

      Half tempted to live stream the encounter for the laughs.

      Also neg vote for a resolution I didn't even have to offer? Harsh

      • -4

        Decided that I've spent enough time and stress on this than it warrants.

        Offer to assist the buyer has been made, He can choose to take it up or not.
        I've had a look around and assuming it's not broken or he hasn't utilized the codes for the games I'll actually sell it for more profit then the $280 he's fighting me over.

        Buyer - PM if you wish to take me up, Balls in your court

      • +1

        If you stream this on twitch ill give you $20 donation massage.

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