collect only item not as described

[super-cute]

oh dear, I think Ive been had over here. I bought a largish item collect only and paid cash on collection. In the house the seller showed me the item but I realise now not fully as there is a fault to the underside of the item that would only have been obvious when handled which I didnt get to do-it affects the usage of the item and is a safety issue (baby related item).

my question is-do i have any come back on this and as she did not mark it as paid so is still showing as 'pay for your item'

is there anything i can do? it was quite expensive too and i feel as though it was deliberately concealed.

[godzilla_goose]

---

@super-cute wrote:

oh dear, I think Ive been had over here. I bought a largish item collect only and paid cash on collection. In the house the seller showed me the item but I realise now not fully as there is a fault to the underside of the item that would only have been obvious when handled which I didnt get to do-it affects the usage of the item and is a safety issue (baby related item).

my question is-do i have any come back on this and as she did not mark it as paid so is still showing as 'pay for your item'

is there anything i can do? it was quite expensive too and i feel as though it was deliberately concealed.

---

super-cute,

At first, I will say that you don’t really have recourse since you had the opportunity to inspect the item at the seller’s house.  Was there a reason (or reasons) why you were not able to inspect the item in the seller’s house before you actually paid for the item?  Did your seller forbid you or prevent you from carefully inspecting the item before you paid?  Even if the item is cash on collection, Caveat Emptor is the universal rule that applies to buyers in my honest opinion.

A seller who does not disclose the defects in their eBay listing would be subject to a SNAD complaint and they would lose to a buyer’s legitimate complaint as eBay would rule in the buyer’s favour.

At the same time, I honestly do not know what consumer protection laws you have in effect within the United Kingdom and I write this because you mentioned a safety issue with respect to the item.

I am not a lawyer and I am certainly not familiar with laws that apply within the United Kingdom since you mentioned a safety issue.

If the seller was aware that the item they were selling was defective and that this defect could cause bodily harm, then the seller should not have put the item up for sale because that would be putting the unsuspecting buyer at risk.  I see negligence or, alternatively, wilful misconduct on the part of the seller IF you truly believe the seller deliberately concealed the defect.

My suggestion to you is to contact an attorney for advice since I see there are several different issues at hand.

[emerald_door]

Since you paid cash, eBay cannot force the seller to refund.  Did you try contacting the seller?  Is it possible the seller didn't know about this flaw and might be willing to take it back?  If that doesn't work, maybe something like small claims court would be a good course of action. 

[jrinam]

i would confront them in person and at their home as that is where you bought it. you dont need to strong arm them into a refund, merely showing up at their home changes the dynamics. if i was the seller, i would rather refund than worry that you might return while i am gone and damage something. no threat needed, your already at their home for the second time.

[missjen831]

Since you paid cash, you have no buyer protection through eBay, PayPal or your credit card. Contact the seller directly and try to work something out.