Buying a Second Hand TV, Still in Warranty, and It Breaks, Where Does The Refund Go?

I'm curious of what you would think if such a situation occurred:

Example:
I'm buying a second hand TV for $500 on FB marketplace. The TV is still under 3 months warranty, and it cost $1000 new.

The TV breaks after a month, the guy is nice and send me the invoice, and all the store details.
The store is nice as well, as they can't repair it and don't have a similar model in stock, they offer to refund the total amount ($1000) to the original payment method.

the marketplace seller receive the $1000 amount on his account.

How much would you expect to get back from the marketplace seller?

Poll Options

  • 9
    $0
  • 82
    $500
  • 7
    $750
  • 17
    $1000
  • 2
    other (specify in comments)

Comments

  • +4

    Fair amount would be $500 and that way no one is out of pocket but buying on marketplace if I got nothing back (ie seller kept the full refund) it wouldn’t at all be a surprise (and quite annoying)

      • +9

        Why should the buyer profit? Buyer gets full refund at $500, seller gets full refund, $500 from store, $500 from buyer on Marketplace.
        That seems to be the sweet spot. Nobody profits, nobody loses out.

        • +1

          Buyer of a second hand product that fails gets their $$ back and feels wronged though..

        • Why does the seller need to be refunded when they willingly sold a working TV?

          • @Cheaplikethebird: Money was going to seller's account, seller is only obligated to refund buyer's payment, that is the original purchase price of $500.
            If the refund went into the buyer's bank, it would be theirs.

            • @DashCam AKA Rolts: Ah so not what's actually right more possession is 9/10ths of the law. Gotcha.

              • @Cheaplikethebird: Well, arguably the second owner has no right to refund - many warranties are only valid for the original owner (I don’t agree with this generally), so that the second owner is getting their money back is a massive win.

                • @Inertia-g: Well I'm not sure how the seller would claim the refund without the TV in their physical possession.

    • Fair amount would be the current owner gets the 1000 because the first owner sold it as is and is not responsible for care or maintenance. It's not like if the item was RMAd with a better item that the current owner would have to compensate the original buyer.

      However, yeah if the original buyer got 1000 back to the original payment method I'd expect most likely the current owner would get 0.

  • +2

    It wouldn't refund the full amount it would be more likely they would offer equal (or better) replacement or a pro-rata amount as a Credit Note.

    • Forgetting this bit where legally warranty is non transferable, what you are suggesting is against ACL. On a major failure, refund, replace, repair must be offered.

      • Since when is warranty not legally transferrable?
        The warrant from the manufacturer is against the quality of the product, not the quality of the buyer.

        Based on ACL, given that repair has apparently been deemed impossible;

        Consumers can choose between a refund or replacement when a product has a major problem.

        (emphasis added)

        ie OP can choose to get a replacement TV. Although re-reading OP, it sounds like the Seller is claiming an inability to source a comparable replacement which can complicate matters.

  • +4

    Imagine demanding for more of what you have paid for. Inflation really hits bad.

    • -3

      Don't be so stubborn, there are many angles one could look at the situation.

  • +6

    $1,000. The product and everything that goes with it is yours.

    If it wasn't in warranty and it was worth $0 - what would the outcome be? :P

    • -1

      I know, right!

      if I was the original buyer, I would give the $1000 back, but I would expect the buyer to tell me to "keep a hundred for the inconvenience".

    • Stiff sh*t, because caveat emptor for secondhand goods?

  • +2

    I'm buying a second hand TV for $500 on FB marketplace
    The TV is still under 3 months warranty
    The TV breaks after a month
    Where Does The Refund Go?

    The cynic in me thinks, it’s a dodgy AF sounding hypothetical.

  • +1

    You paid 50% of the TV price, so i think 50% of the refund is fair.

    • as someone said above, it's now yours.
      what it it broke after a day, without warranty? Would you expect something from the seller?

      • +8

        Oh wait, you're just wanting affirmation that you're entitled to the full 1K ?

        The original buyer was the one that outlaid the full cost of the TV, not you. Buying a second hand TV has no warranty or guarantees. That is the risk YOU take.

        Frankly, he has no obligation to give you anything.

      • +1

        What if the seller ghosted you after "YOUR" tv broke. Jesus, just be happy with $500 you greedy.

        • -6

          LMAO all the people thinking it really happened to me. it is (profanity) hypothetical, sorry to have a lot of imagination.

          • +2

            @borgainerz: You seem weirdly invested in arguing a particular outcome for a hypothetical case

            You say imagination

            I think The Castle put it better

            Get your hand off it

  • +5

    They should be able to refund you to a gift card or somewhere else what happens if you did not have the card anymore and it was your purchase?

    I bought a second hand surface pro 7 From eBay 2 years ago for a really good price and the guy sent me The original receipts and everything For proof of purchase. It still had 9 months warranty left

    Within a couple Of weeks I noticed that the screen was beginning to come away from the back of the unit

    Microsoft replaced the whole unit for me Even though the receipt was in the other guy's name They told me the warranty transferred over to me

  • +2

    Tell the store you don't have the original card anymore, and banks are always a hassle to get money even when you are their customer.

    Ask for it to go into your debit account - if you don't have one, then credit card account (however, if you get points, some banks deduct points if you get a refund even if you did not use that card for the purchase).

    Worse case scenario ask for $1k worth of gift cards/store credit.

    • -3

      This is an hypothetical scenario where the refund goes to the original buyer. How much would you expect the buyer to give you?

      • +1

        In the hypothetical situation you wouldn't let that happen. You'd be lucky if the seller gave you anything, there's nothing making them.

      • -1

        Bullsh.t it’s hypothetical

      • +2

        There is no hypothetical scenario where the refund of something I own goes to someone else.

  • +1

    Crazy that people think the seller should get to keep $500

    • +1

      everyone has a different opinion, that's what's interesting.

      What would you do or expect, in both case?

      • +2

        The seller sold the TV. If the buyer received a new TV instead were they supposed to sell it and give everything beyond the $500 to the seller? Just because the buyer got 'lucky' doesn't mean the seller gets to double dip. I would expect the full amount and would do the same if I were the seller. If the seller was getting a cut for their troubles (5 minutes to do the transfer) I think $50 would be a reasonable amount.

    • +1

      It's in their bank account thus not much you can do.

      Also no warranty on second hand goods

      • Also no warranty on second hand goods

        I mean sure technically but in this hypothetical did the seller include the warranty in their item description? Pretty common.

  • +5

    Gift card/store credit of $1000 to yourself….

    • +1

      This, you can always negotiate with a 'nice store' to give you giftcard or store credit stating that you received the tv as a gift etc.
      Alternatively you can reach out to the manufacturer and get the tv either fixed or refund directly to you.

    • +3

      This is the correct answer imo (only if you expect to make a big purchase at that retailer later). Retailers are generally more open to compensating via gift card than refund. Then you don't have to bother finding a middle ground with the person you bought from…

      I think you'd be entitled to the $1000 since the TV is yours, but I find it unlikely that the person you bought from would hand over the full amount. Even if they did, a small tip (~$100) for their troubles would be the proper thing to do.

      • +1

        Yes, That would be what I'll do (and what I'll expect others to do, in the opposite situation).
        Interesting to see so many different answers, there's no right or wrong answer, everyone have an opinion and will behave differently.

  • +3

    Ownership of the TV was legally transferred to you. You have a right to 100% of any refund amount relating to the TV. Under the circumstances giving the original owner a cut of the refund seems like it would be a noble thing to do. You have no obligation to, but it would be a kind gesture.

    • The hypothetical case here is that the original seller gets the $1000 refunded directly into his account.

      So how to tactfully ask for an amount, and what amount?

      • +1

        If you are the one with the receipt the retailer should give you the money. If they can only refund it to the original payment method, then ask for a store credit (they almost always will do this). If the money somehow ends up with the seller, then you still have a right to it. They should give you all the money when asked, and I expect you probably have a legal right to it. How to tactfully ask? I don't know. But the money is yours.

        • +1

          Legally there is no right as the warranty on electronics are non transferable

          • +1

            @Bruceflix: If the warranty is non-transferrable (and no-one is saying that it is), then the original owner doesn't have a right to the money either. The original retailer has no liability, and no one should be getting anything.

            • +1

              @djsweet: In any circumstance, I can't see how the original owner has a right to any money here. The consumer guarantee is either void or belongs to the new owner.

      • +1

        Obviously people can’t read the question.

      • What retailer is it.

        They usually give you options before refunding.

        • +1

          there is no retailer because it is hypothetical. This did not happen to me. This idea crossed my mind while having insomnia lol, I wanted to post on Reddit but I thought a poll on OZbargain would be more interesting

          • @borgainerz: Ahh gotcha. Unless it’s a small retailer that took direct deposit or something. Whoever has the receipt wins.

  • -1

    Depends on the retailer.
    Piss poor planners recommend HN?

  • +1

    Just tell the store '..oh that original payment is not available anymore, can I have it paid to this (present new card)..'

    I find as long as the 'type' of payment is the same, then it generally is fine to swap. Eg. Mastercard to Mastercard or Amex to Amex. Not Mastercard to cash.

    The only recent stickler I've come across is K-Mart where it HAS to be the exact same card. As I didn't have that card anymore, they refunded the item as a 'gift card'.

    I understand the situation is hypothetical, but why bother the original seller and put yourself through an avoidable situation, or indeed stress if the seller doesn't give you any money (from the refund) at all.

  • Depends on who the manufacturer, retailer and platform of sale was e.g. may be the person whom OP is buying from is another reseller on eBay with e.g. lesser known brand who says warranty need to talk to manufacturer. Manufacturer says refund from retailer. Original transaction on paypal, and CC online on eBay. Refund only gonna go to the paypal account or CC.

    OP this way wont get any money. Either way to be honest if you buying a branded TV, it is more likely than not to stay working long long time.

    On the other hand, if even either manufacturer is good, or retailer is good (e.g. one of the physical shops). then they would be more inclined to help you out, (and may be you can even say excuse like your card expired etc.)

  • the sellers going to ghost you.

    • +1

      Only if they're a dishonest pos. Hoping that most people aren't like that.

  • OP Looking for confirmation bias.

    The original buyer transferred the warranty onto you (not that they needed to)
    they did the right thing and should be reimbursed accordingly.

    Imagine trying to profit off someone's goodwill.
    To be honest though i didn't think the warranty extended to secondhand goods. It lies with the original purchaser, thats why secondhand goods are so cheap.

    • Depends on the product. For instance, new car warranty is transferrable.

      • Agreed, that would be the exception.

      • +1

        Warranty is transferable on any item.
        Think about the purpose of it.
        It's an assurance about the quality of the product. The buyer is not relevant outside of proof of ownership and proof of age of the product.

        • +1

          Sorry. You are wrong.

          • -1

            @Bruceflix: Don't see how its not transferrable and ACL would still apply even if you have evidence to support the position that Warranty itself is indeed not transferrable.

            • +1

              @ESEMCE: A private sale of 2nd hand goods has no consumer guarantees.

              • @Bruceflix: You're correct but only with regard to claims against the private seller.

                There is no such limitation of claim against the manufacturer.
                The product is still a product and remains covered by Consumer Law in addition to any of the manufacturer's warranties.

                • +1

                  @ESEMCE: please get your shit together and provide a correct answer.

    • How is it goodwill. If I sold something that had a warranty, it’s not mine anymore.

      If it breaks leave me alone and go get your money, I don’t care if you profit.

      • Hence why what the other party is doing is goodwill?

  • +2

    Does payment method really mean the exact card..

    Just say you no longer have access to that card, here is the new one..

    • Exactly.
      ‘I lost that card and it’s now cancelled’

  • If the TV failed but wasn't under warranty, would we expect OP to go back to the seller and demand compensation? No

    When you buy from marketplace, all risk and reward related to owning the item is transferred to the buyer.

    • I'd expect them to go to the manufacturer under ACL

      • exactly, the seller has no role or responsibility anymore.

  • I recently sold a hairdryer on FB that had 18 months of the 2 year warranty remaining. The ad specified that the tax invoice would be provided to the buyer along with the original instruction booklet which set out the warranty T&Cs.

    Interestingly, nearly all of the enquiries were about the method of original payment and whether the product was registered with the manufacturer. The latter could be another check the manufacturer does before paying out any warranty claims.

    • maybe you had a product that have been recalled and people were looking to buy them all off marketplace in order to get a full refund, thanks to the safety recall.

      • Nope - checked that before posting for sale

  • Make a condition of the purchase that they give you a copy of the receipt for warranty purposes.

    If an issues arises, go to the POS and follow the process. If they offer a refund rather than a replacement say you don’t have the same payment details. They’ll either give you cash or a voucher.

    I’ve rarely seen my warranty claims go back to my original account unless it was within the first 30 days.

    You bought it, it’s yours now.

  • I would've paid an extra $234.50 and gotten a new $1234.50 TV from the store. Then a refund wouldn't have been required, store happy, you happy with new tv with legit new warranty and a better tv.

    The refund option doesnt need to be mentioned to the previous owner, just say thank you very much for original onvoice, the store sorted out my issue.

  • Interesting to see all the conflicting opinions in this scenario. Classic Jerry/George/Kramer Seinfeld argument plot lol.

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