Right with private sale

corco2000

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What action can be taken after you are unsatisfied after private sale of goods.
Items bought are short after sale completed. For example...if you bought a pallet of bricks. Ad said 400 bricks you buy bring home and say only 300 on pallet.( If you didnt count each one at time of sale)
Is it buyer beware apply?
Could seller be taken to small claim court or district court for fraud?
Would court even take case on.
If so what are chances of buyer winning?
Any advice welcome. Thank you.
 
With sales like building supplies, there is usually a docket to sign indicating you are accepting the goods and that all is in order. But you mention private sale here, was this a purchase from a private individual or from a business? If an individual, the Small Claims Court is not an option, and there is likely very little you can do if the person isn't open to dialogue.

Courts will take pretty much any action you bring to them. You would need to look at many factors including the value of the loss, the evidence that you can present, the likely cost of litigation and the time and aggravation.

Have you spoken the the person/ business you bought from?
 
Leo. Thank you for helpfull info.
Yes private sale only not from business.
Without get into to much info. I was seller. Offered a refund on difference of quantity as first requested.
Buyer refused and says she also wants refund on quality. Which i think is unfair as sold as used goods.
I was open to dialogue. But now buyer says she wants to take me to court as matter of principle. Ive tried to be as fair as possible.
Also threatens me with guards for fraud.
Were talking a figure of less than 1k total.
She had every opportunity to inspect and count goods. Took 3weeks after sale to complain.
Surely very legal consumer rights. As buyer beware should apply?
Thanks again.
 
Once buyer walks away, they really have no grounds to argue on quality and caveat emptor does apply. I presume you weren't offering any guarantees in terms of specifics that they could argue.

From what you've posted here, I don't believe they have any substantial grounds on which to base a claim, and any solicitor they approach will likely advise them as such.
 
Thanks leo again. No guaratee and paid cash no receipt.
I counted and advertised say 100 units used material.
Her arguements a time later is there is only 80units. As a gesture of good will i offered a refund on difference of 20units.
Was rejected and told ill be taken to court on a full refund!
Im being accussed of false advert and fraud.
I was thinking she be best take refund as very low chance of win in court.
Just looking for views here before i might have go to expence of solicitor.
Thanks.
 
You don't come across as someone that's making a living from selling bits and pieces full time or stuff like that. Did you advertise the stuff you sold to her and if so was it on a public domain, eg, the paper, buy and sell, etc? In that case it would depend on what was advertised, if she saw you had something on a pallet, or something like that and wanted to buy it, then I wouldn't worry about it all.
 
Noprob.
No certainly dont do this for a living. Wouldnt pay you! Yes one of main irish websites ad was on.
I advertised a specific amount of units which i accuretly and honestly measured. She inspected with her worker. A time later she claims fraud because units short.
So i allegidly commited fraud!
And will be taking to court for full refund.
 
She'll get laughed out of court, you've nothing to worry about.

All consumer protection legislation in Ireland is designed to protect customers of businesses, it does not cover private sales. The [broken link removed] page makes this clear.

As a private sale, the Small Claims procedure is not open to this person. They will have to go through the District Courts, see here for the procedures involved. If they do decide to take what sounds like a vexatious case, you can seek all your expenses from them.
 
Do. Also, check out the buyer's advice on the site you used. ( for example), they'll give you a good idea of the expectations on sellers. The fact that an agent of hers was also present and didn't spot any issues either really puts her in a weak position.
 
People like that buyer are a royal pain, you have been very fair offering a partial refund, leave it at that.
 
Tell her to address any further correspondence to your solicitor. Don't bother actually organising a solicitor. Once she realises you're not going to roll over, she'll probably run away.
 
Good advice seagull.
It will stop all the texts hopefully aswell.
Also considering garda as couple of threats made...example.court action and reported to council for a recent extension to house(which is thankfully exempt).
 
I reckon she's pulling a fast one.

People can be very dishonest and will try any trick in the book. They'll lie through their teeth and then some like the person you sold to will use threats of legal action, gardai etc etc.

That you offered a part refund, even though you are fairly certain of what you sold is far too good. She then thought you were an easy touch and wanted to get more.

Tell her to go to the gardai, go to her solicitor and go to hell.

Gardai will laugh at her, a solicitor will do the same but not in her face and hell will welcome her as one of their own.

Don't even entertain giving even a partial refund - tell her that as she has said she is taking legal action you will not do anything else
 
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