Forthelove misleading, incorrect dodgy seller on bikehub

[Grease_Monkey]

personally, I don't see how anybody can buy something without inspecting it first. You're setting yourself up to be shafted.

 

I am not excusing the seller in this case in any way. Just a general observation.

I have paid school fees before for not inspecting, but I have had many more good experiences than bad ones. The marketplace rating system has never failed me - when someone has a bunch of reviews saying they are trustworthy it generally is a good indicator.

 

That said, big money items (eg: a bicycle or garmin) I will always inspect first.

[Shebeen]

When buying from someone without a pretty extensive record and  positive trader ratings, always inspect the goods yourself before deciding whether you want to spend your hard earned money or not. If that means missing out on bargains because they are from elsewhere in the country, then so be it. 

This oke is from Sandton and his honour is worth R1250 it seems.

 

forthelove seems like a crap name for him.

apart from the obvious :

FORTHEMONEY

 

what other suggestions can we get from the peanut gallery?

[throttles]

OP, could you please clarify the following:

 

Did the seller at any point up to the time of exchanging money note that the goods are sold "as is", or did he just add this little gem with the letter in the shipment?

 

If this was never disclosed prior to the finalisation of the transaction when you paid the money, the it is a useless regulation..... the seller can not just willy nilly make up rules as he wishes without you both agreeing to them!?!?

 

It was in the letter added into the box. he also did not disclose the damage or "Fix" prior to me receiving the items and reading the letter.

 

I did not agree to buying damaged goods if that's what you're asking.

 

He's a knob, hiding somewhere in the corner..

 

 

personally, I don't see how anybody can buy something without inspecting it first. You're setting yourself up to be shafted.

 

I am not excusing the seller in this case in any way. Just a general observation.

 

i literally have done easy 50/60 transaction via bikehub.

 

of which i have had 2 bad experiences with sellers. 

 

I do the right thing and let others know about bad experiences so they are forewarned.

 

According to the stats available to me, he was active for more than a year, no prior negative rating and posts more than me.. I can forgive a scratch here and there.

 

But trying to mask damage and defaming me to Admin is not on. (which think was a tactic to get me banned and not be able to post this thread.

[Paulst12]

Well if we are being strictly by the book the buyer doesn't legaly have a foot to stand on as second hand items are always sold "as is", and as such the responsibility of the buyer to inspect the items before purchasing.

 

However.... on Le Hub I think most of us (incl. myself) tend to give sellers the benefit of the doubt and believe the items to be in the condition advertised (something I never do on Gumtree). What the seller did here was quite simply dodgy and dishonest, but legaly he will get away with it.

 

Let's just hope he does the right thing, otherwise the buyer has unfortunately paid expensive school fees.

The short answer is "As is" clauses are a thing is SA, but the Consumer Protections act does give you recourse...  The effect of the CPA on the sale has been far reaching, and specifically includes the right of a purchaser (who is also deemed to be a consumer under the CPA) to be informed of all the details regarding the property being purchased. Sellers will no longer be able to hide behind the "voetstoots / As" is clause to save themselves from later claims by purchasers, if they were aware of defects in the property.

The CPA addresses this issue by an ‘implied warranty of quality’ in respect of each transaction that falls within its ambit. Section 55 of the Act stipulates that a buyer has a right to receive goods that are appropriate to the purpose for which they are bought, and that they should be of good quality, in working order and without defect.

This means that it does not matter whether the buyer could see the defect or not, nor whether the seller fraudulently masked the defect. Defects must be expressly disclosed and a general clause that the purchaser accepts the property “as is” will not be acceptable (as long as the sale is subject to the Act).

 

The only way sellers can get past the implied warranty of quality is to describe the condition of the property in specific detail, to make it clear in which condition the property is being sold. The purchaser then has to ‘expressly agree’ to accept the property in its current condition.

[Raf]

Sadly this happens

 

Troll him and bad-tag any/all he's ads if he ever gets to use Bikehub again

 

He will soon get the picture

[sirmoun10goat]

Dear Throttle

WTH respect let’s go through this together and keep it to the facts. You assured me payment was done instantly and must keep the goods for you. You said you would do a instant payment form same bank to same bank. The proof sent to me of payments were not recognized by the bank as legitimate a day later and dither proof two days later. It possible your intention at that time was not to pay me right away I don’t know. I then alerted you to the fact and then on the third day payment was received. I apologies for the bank not recognizing your proof of payment but the fact remains they never seen this type of proof ... The goods are in good condition, before they were packed they were also photographed. Further more I confirmed our discussion and noted the goods are sold as is in the letter with one pictures of the packed goods. There be no further comment and wish you happy riding.

 

This guy can't even string a sentence together...maybe he needs the money to enroll for an English class

[Paulst12]

A voetstoots clause included in an offer to purchase will not free the seller from any liability under the contract. The seller has a duty to disclose any latent defects to the purchaser. Where the seller has failed to disclose any defect he/she may be required to refund a portion of the purchase price or even accept cancellation of the entire sale, depending on the nature and/or extent of the defect concealed.

Edited May 13, 2019 by Paulst12

[Shebeen]

 

 

i literally have done easy 50/60 transaction via bikehub.

 

of which i have had 2 bad experiences with sellers. 

 

 

 

I'm going to be lank harsh here*.

 

You're part of the problem.

 

You've done 50/60 transactions, yet from what I can see have only provided 2 bad ratings and 3 good ones.

 

The hub marketplace needs trader feedback to be done - for all good, average and bad deals.

otherwise it is just gumtree with comments.

 

 

 

*sorry about that, I can agree with your assessment of this oke being a knob. 

[throttles]

I'm going to be lank harsh here*.

 

You're part of the problem.

 

You've done 50/60 transactions, yet from what I can see have only provided 2 bad ratings and 3 good ones.

 

The hub marketplace needs trader feedback to be done - for all good, average and bad deals.

otherwise it is just gumtree with comments.

 

 

 

*sorry about that, I can agree with your assessment of this oke being a knob. 

 

I'll take that i WAS part of the problem. I now do rate. i just cant remember everone i've dealt with over the past. it took one bad experience for me to see the value in rating buyers and sellers which i now do.

[Hairy]

It was in the letter added into the box. he also did not disclose the damage or "Fix" prior to me receiving the items and reading the letter.

 

I did not agree to buying damaged goods if that's what you're asking.

 

He's a knob, hiding somewhere in the corner..

 

 

 

i literally have done easy 50/60 transaction via bikehub.

 

of which i have had 2 bad experiences with sellers. 

 

I do the right thing and let others know about bad experiences so they are forewarned.

 

According to the stats available to me, he was active for more than a year, no prior negative rating and posts more than me.. I can forgive a scratch here and there.

 

But trying to mask damage and defaming me to Admin is not on. (which think was a tactic to get me banned and not be able to post this thread.

Thanks, was not assuming you were agreeing to buying damaged goods, was pointing out that the seller comes along after the fact saying that all is sold as is.

 

Good sellers on the hub that may feel that the goods have some damage always clearly show this, or note in their add that all is sold as is....clearly this is not the case with the seller of the goods to you.

[SwissVan]

50 to 60 transactions on bike hub

That’s an impressive amount ......

Running a second hand bike shop?

[slickjay007]

Seker nog n Hilux ook

 

more than likely an ISUZU 

[Mokgaga'a mmakubela!]

FortheloveOFMONEY

 

There fixed the name of the seller 

[throttles]

50 to 60 transactions on bike hub

That’s an impressive amount ......

Running a second hand bike shop?

Nope, let’s say I’m indecisive but I don’t ward..

[Hairy]

must have gone back to his old trusty hilux after his ford ranger got stolen

 

Seker nog n Hilux ook

[eddy]

The short answer is "As is" clauses are a thing is SA, but the Consumer Protections act does give you recourse... 

 

 

Does the CPA apply in transactions between private individuals or only when the seller acts in the normal scope of his business ?