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Bought something recently from a hubber fully knowing its secondhand and getting a decent price minus the postage as I had collected it personally. Asked the hubber to leave ad so I could give some feedback only to find an hour later it had been removed. Went for first ride with component fitted and started experiencing problems. When I got home I tried stripping it to lube only to find it had seized up completely. Yes I know we buy the goods here with no warranty, as is, voetstoots, but I thought at least here there was some etiquette thats why we give each other feedback. My question is did this hubber knowingly sell me a faulty item because he clearly removed ad, and do I even bother to ask him about it and get the expected answer that its not his problem. Is this his modus operande and do I let him get away with it and do it to someone else in the future?

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https://forum.bikehub.co.za/topic/116749-buying-voetstoots-on-thehubsa/
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Whenever you buy something from somebody, there is an implied (by law) warranty that it will be free from defects. To exclude liability, it must be expressly agreed upon that the sale is voetstoots. Unless there is a general rule on thehub, of which I am not aware, that everything advertised in the classifieds will be sold voetstoots or if it was sold voetstoots but he knew about the defects and withhold that info from you you will have a case.

 

You will then be able to cancel the sale and demand a refund and obviously return whatever you bought. Whether it will be worth the legal costs to go to court if he refuses to refund you is another issue.

Whenever you buy something from somebody, there is an implied (by law) warranty that it will be free from defects. To exclude liability, it must be expressly agreed upon that the sale is voetstoots. Unless there is a general rule on thehub, of which I am not aware, that everything advertised in the classifieds will be sold voetstoots or if it was sold voetstoots but he knew about the defects and withhold that info from you you will have a case.

 

You will then be able to cancel the sale and demand a refund and obviously return whatever you bought. Whether it will be worth the legal costs to go to court if he refuses to refund you is another issue.

 

Under the CPA there is no more "Voetstoots".

Think my days of buying 2nd hand are over,unless you know the person & the history behind the item.Def not buying any frames or items with moving parts.Ill take a chance with stems,seatposts solid stuff like that,not too much can be wrong with it.Think alot of people sell 2nd hand stuff when it on its way out.

I know of Someone in CPT who sold a Vehicle to someone in JHB, the guy from JHB came down collected the vehicle and then dorve back with it. On the way, the vehicle switched off due to an electrical fault.... To cut a long story short, the seller had to reimburse the buyer and collect the vehicle where it was at his own cost.

I wouldn't read too much into the removal of the ad. Once an item is sold it is good practice to remove the advert as soon as possible. This avoids unnecessary confusion and wasted calls.

 

I think that raising a possible dispute on the ad in any event is not proper as this unnecessarily "airs the dirty laundry". It is better to deal with these issues in the PM forum first and if the other party acts improperly or just dismisses your enquiry then you can bring the dispute to the open arena for commentary.

 

I think the manner in which you posed your question above was done really well as you didn't name the hubber or describe the product...so no isseus here.

 

i hope that this matter is sorted out as these issues can cast a dark cloud over hub sales, which are generally well handled.

 

Personally (as with most hubbers) i would refund. But that's just me.

 

good luck!!

Edited by crackajack

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