Karman de Lange Posted September 5, 2018 Share cpa doesnt apply to private sales "The CPA would protect a buyer who buys a car from a dealer. However, a private sale of property is not a transaction which falls within the ambit of the CPA, as you were not acting within the ordinary course of your business, and therefore the common law position applies". But this person sells often .. which then is not a once of sale .. so then in the spirit of the CPA this person does it as a business … Well, thats my interpretation Dirkitech and DjCyclist 2 Link to comment Share on other sites More sharing options...
The Bike Vendor Posted September 5, 2018 Share Was also wondering that, as there is not really an option for the bike to be return, at best the actual previous owner can refund a partial amount to make up for the some of the repair costs (ie the difference between the actual quality and the advertised value) I took the chance with my money buying from him, I asked him for a refund and he refused. I then asked him if he could pay me back R 3 400, making the buying price R 15 000 ( I paid R 18 400 ). That way I could spend some money one the bike, he refused. I finally finished fixing up the bike today so thought I would post so that people can know, I did not post to get any money back. I have made peace with what happened. scotty, JuliBoB, MDJ and 14 others 17 Link to comment Share on other sites More sharing options...
Escapee.. Posted September 5, 2018 Share CPA is your friend What you talk Bro? Link to comment Share on other sites More sharing options...
The Bike Vendor Posted September 5, 2018 Share Maybe the OP don't want the refund and just warning other hubbers out there. This is not the first time I've heard of situations like this. Also, "selling on behalf of a friend is always the easy way out". 100% spot on rorydewet and Steven Knoetze (sk27) 2 Link to comment Share on other sites More sharing options...
rorydewet Posted September 5, 2018 Share But this person sells often .. which then is not a once of sale .. so then in the spirit of the CPA this person does it as a business … Well, thats my interpretation as you were not acting within the ordinary course of your business selling bikes is a side line not ordinary course of business again my view The Bike Vendor and Karman de Lange 2 Link to comment Share on other sites More sharing options...
nickc Posted September 5, 2018 Share I took the chance with my money buying from him, I asked him for a refund and he refused. I then asked him if he could pay me back R 3 400, making the buying price R 15 000 ( I paid R 18 400 ). That way I could spend some money one the bike, he refused. I finally finished fixing up the bike today so thought I would post so that people can know, I did not post to get any money back. I have made peace with what happened. Thanks for the heads up.I had been looking at a couple of his ads.Enjoy your Dale and may it give you many KMs of happy riding !! The Bike Vendor, Bonus and Steven Knoetze (sk27) 3 Link to comment Share on other sites More sharing options...
LeoKnight Posted September 5, 2018 Share I took the chance with my money buying from him, I asked him for a refund and he refused. I then asked him if he could pay me back R 3 400, making the buying price R 15 000 ( I paid R 18 400 ). That way I could spend some money one the bike, he refused. I finally finished fixing up the bike today so thought I would post so that people can know, I did not post to get any money back. I have made peace with what happened.Also hope at some stage the thread will change into ways to protect the community (and sellers). What kind of questions and commitments to get, warning signs to look out for. For me positives include- number of posts- number of items previously sold to happy buyers- photos and available for inspection- third party (local lbs) inspection - other contact details other than just email- No negative google results for the email address or number- etc. Not saying all aspects need to be present just some of the aspects that give me comfort Link to comment Share on other sites More sharing options...
DjCyclist Posted September 5, 2018 Share But this person sells often .. which then is not a once of sale .. so then in the spirit of the CPA this person does it as a business … Well, thats my interpretationMaybe they should send SARS around, seen that he buys and sells ???? Capricorn, Steven Knoetze (sk27), Ramrod and 4 others 7 Link to comment Share on other sites More sharing options...
Karman de Lange Posted September 5, 2018 Share as you were not acting within the ordinary course of your business selling bikes is a side line not ordinary course of business again my view problem is … CPA is a "spirit" of the law system… So the buyer might see the seller as someone that does it for a business (sideline or not) as he have so many sales and ratings so expect goods to be as per advertised..... maybe some lawyers can chirp in ? Link to comment Share on other sites More sharing options...
Edge_Design Posted September 5, 2018 Share so here we go.i advertised the bike on behalf of some1 .i get a call from the buyer saying hes interested in buying the bike.the buyer then neg on the price advertised and we agreed to a price drop.we then start chatting about the bike,yes i did say its in good working condition.to my knowledge the bike was.in my defense i am not a bike mechanic.i mention to the buyer that its not my bike so i can only give info to what i can see on the bike i aslo said that the bike was not used for a while so was standing .after all of that the buy was still happy to buy the bike. if you look at my rating people that bought items from me or MY personal item are happy.yes i tried to get hold of the guy but no reply from hes side. In your defense it is possible you could have sold the bike without noticing any of the damage referred to (most of it would require riding the bike or bringing out some basic tools which you might not have done). But... once it all was brought to your attention by the buyer, what do you think you SHOULD have done? In your own words, what DID you actually do to try and fix the situation? You do a lot of trading (251 past ads on the hub) so it's worth taking a few minutes to respond to this. Sepia, Capricorn, nathrix and 6 others 9 Link to comment Share on other sites More sharing options...
fanievb Posted September 5, 2018 Share CPA is your friend private sale of second hand goods between 2 individuals. please enlighten us as to how the consumer commission will get involved and resolve this? Escapee.. 1 Link to comment Share on other sites More sharing options...
Joe funk Posted September 5, 2018 Share I have tried on numerous occasions to get hold of the guy but with no luck. If it was my personal bike and if I was aware of what the buyer listed then I would either refund or give a portion to replace. however it was not my bike. Link to comment Share on other sites More sharing options...
Shebeen Posted September 5, 2018 Share I did what I could to get my money back, but he was not cooperating. I have made peace with the loss, I made this post so that people are aware of what happened. That's civil thing to do. Pictures would help your cause, the hublic love dissecting pikshasYou said you like the look of the bike and most of the issues would have been hard to see from a picture, but the worn chainrings would be a giveaway. - did you not get those? What was the original price, also what model. if it is a 2017 carbon scalpel si, then the price of R18k should have sent some alarm bells. Long Wheel Base and The Bike Vendor 2 Link to comment Share on other sites More sharing options...
Edge_Design Posted September 5, 2018 Share problem is … CPA is a "spirit" of the law system… So the buyer might see the seller as someone that does it for a business (sideline or not) as he have so many sales and ratings so expect goods to be as per advertised..... maybe some lawyers can chirp in ? CPA is the "Consumer Protection Act" - nothing to do with spirit of anything. It is a legal Act with a clearly defined application. GLuvsMtb 1 Link to comment Share on other sites More sharing options...
Karman de Lange Posted September 5, 2018 Share private sale of second hand goods between 2 individuals. please enlighten us as to how the consumer commission will get involved and resolve this?Second hand goods fall under CPA also, see my response above , seller does this to make money often (250 odd adverts) … so might get interpreted as bussiness... Link to comment Share on other sites More sharing options...
fanievb Posted September 5, 2018 Share CPA is the "Consumer Protection Act" - nothing to do with spirit of anything. It is a legal Act with a clearly defined application. gotta love when people start throwing around the CPA having no clue as to it's application. anyhow, on to the thread GLuvsMtb 1 Link to comment Share on other sites More sharing options...
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