Sisters in Law: Man stung by broken $1500 Facebook Marketplace TV

An Aussie bloke thought he’d found “a bit of a bargain” on Facebook Marketplace – but now, it’s come back to bite him.

What rights do Facebook Marketplace buyers really have? Chris Delmas/AFP

Welcome to Sisters In Law, news.com.au’s weekly column solving all of your legal problems. This week, our resident lawyers and real-life sisters Alison and Jillian Barrett from Maurice Blackburn advise about your rights when it comes to second-hand purchases.

Question:

I bought a second-hand TV from Facebook Marketplace and the man said it was only a few months old, and that he was selling it because he was leaving Australia.

It was a high-end Samsung and I paid $1500 for it – a lot for a second-hand TV, but it was over $2000 new, so I thought I was getting a bit of a bargain.

The problem is, the TV stopped working about a week after we got it and I’ve had a quote of more than $500 to get it fixed – and that’s not guaranteed to last. To be honest, the TV might have to go to landfill.

I contacted the seller but he’s ignored my calls, messages and texts.

What can I do? – Sean, SA

Sean’s ‘bargain’ TV has turned into a nightmare. Picture: iStock

Answer:

You have likely heard the phrase “caveat emptor”, Sean, when purchasing goods/property. This is the Latin phrase for “let the buyer beware”.

This means that the responsibility is on the person buying, and they do so at their own risk. The buyer must reasonably examine the property before purchase and take responsibility for its condition.

However, the seller is not able to act in a misleading or false manner. So if the seller knew about the issues with the TV prior to selling it to you, such as that the TV was not fit for purpose, they may have breached the law.

Private sale agreements can often be difficult to prove what was agreed.

The seller may claim they didn’t know about the issue and it was working fine when you purchased it, as evidence by the TV working for you for a week.

The seller may also claim they warned you that the TV was sometimes “temperamental”, but that you still wanted to purchase it.

You may be entitled to start a civil case in court against the seller, however, before you do that, you have other options:

1. You can send a letter of demand to the seller, setting out the issues with the TV, why you think you are entitled to a full or partial refund and asking that the money be paid within a certain time frame, otherwise legal action will be taken.

What rights do Facebook Marketplace buyers really have? Chris Delmas/AFP

2. The TV, if it was new, may be covered by a warranty from Samsung. Samsung usually provides a 12 month warranty on their TVs, but you’ll need to contact them directly to see if that warranty has transferred to you as the second owner. If it has, contact the seller and ask for the original receipt/proof of purchase so you can contact Samsung about repair or replacement.

3. As you purchased the TV via Facebook Marketplace, you have a Purchase Protection. Strict rules apply for you to be covered by this policy, including that the payment had to be made via their onsite checkout. Attempts must be made to resolve the issue with the seller first, so keep a record of your attempts and provide them to Facebook if you’re eligible under their Purchase Protection Policy.

4. If you paid the seller via debit or credit card, you can contact your bank and ask for a refund via “chargeback”. A chargeback reverses a transaction so you are refunded the money you paid for a product or service. Again, you must try to resolve the issue with the seller first, so keep a record of your attempts to contact the seller.

If all else fails, then you can make a minor civil claim in the Magistrates Court.

These matters are dealt with minimal formality and generally you won’t be entitled to legal representation.

You can only lodge this claim in court after you have given the seller a letter of demand.

For more information, review the information provided by Courts Administration Authority of South Australia.

This legal information is general in nature and should not be regarded as specific legal advice or relied upon. Persons requiring particular legal advice should consult a solicitor.

If you have a legal question you would like Alison and Jillian to answer, please email [e-mail].

Get more from Alison and Jillian on their Facebook page.

Originally published as Sisters in Law: Man stung by broken $1500 Facebook Marketplace TV