To say no to a refund for camping gear sold through a Facebook site?

[AfternoonTeaWithChampagne]

We sold a family tent and camping equipment through a local FB selling site back at the end of June.

We'd used it for a family holiday already and had no issues - nothing broken whatsoever apart from two poles which had been long term repairs and did not affect use at all.

The buyer has now messaged me saying he's used it for the first time since buying it two months ago listing a catalogue of things wrong including a hole in the tent and a broken zip. We are adamant that these weren't there when we sold - we'd put the tent up in our garden to check everything prior to sale.

I've messaged back saying we absolutely deny anything was wrong with the tent, except for the two poles which we knew about.

He did not check the tent on purchase and we've heard nothing from him for two months. What's to say he hasn't stored it incorrectly/done the damage himself?!

He's claiming a family camping trip was ruined - surely in any case you check gear before you camp?!

If he'd come back to us a week after we would have been happy to discuss - but given this was two months ago and we absolutely deny the damage, AIBU to tell him we won't entertain a refund?

And anyway - surely it was down to him to check it was all ok,within a reasonable timeframe?

@thinkPinkStink - the poles don't affect use at all. As I say, we had them up in a strong gale and they were no issue whatsoever.

There were no rips or holes when we sold it.

And as I say - we would have been more than happy to discuss - just not two months later!

It's not clear- did you tell the buyer before purchase that two poles were damaged but had been mended? If not I think you're on dodgy ground

How did he pay?

@BadlydoneHelen

We didn't state anything at all about the condition of the tent in the advert - all just a listing of what was included.

He says he asked specifically if there were any broken poles. He didn't! And if he did - we absolutely would have pointed out they had been mended previously before our purchase and have been used without issue ever since...

Be paid by BACS

It doesn't really matter if the broken poles affected the use of the tent, it's good practice to list any photograph any faults when you're selling a product.

That allows the buyer to make an informed decision about whether to proceed with the purchase.

In your advert, I think you should have highlighted that two broken poles had been fixed

Two months later? No way. He’s trying it on.

I bet it got ruined in the winds lately. However I’d be fuming to buy a tent and not be told two of the poles had been previously repaired. If those repairs break down those poles can puncture the tent and this seems to be what his claiming since you keep saying hole not tear or rip.

He would have trouble winning a claim as has to be done in a timely manner, ie on receipt of goods or shortly after not months later as impossible to prove how damaged. Maybe speak to cab or similar if you worried but private sellers only have to describe goods, up to buyer to check. Which consumer page has this -
When you buy from an individual (as opposed to a retailer), the Consumer Rights Act says that the goods you get must be as they were described to you by the seller.

There's no obligation on the seller to disclose any faults, but misrepresenting goods isn't allowed."

I was with you all the way until you says that you hid the fact that there was damage to two poles. That's not on at all and could well have damaged the tent. He has pictures to prove it too. He could have checked everything over in the garden when he bought the tent and everything appeared fine but when in actual use the poles could have caused the damage he describes. However, you are a private seller and are not required to provide a guarantee of any kind, let alone a 2plus month guarantee. I do think you were foolish and possibly even deceitful in hiding the damage to the poles though.

Ok, husband has just clarified - the poles weren't broken - they had been taped to strengthen them where the joins weaken naturally over time. They were no splits or damage to the poles themselves.

You're at fault for not stating the poles had been repaired. You may have been more careful with them as you knew about the repair which he would not have done. In this case it's absolutely your responsibility I'm afraid. If you'd sold with a clear description of the repair you would be in the right but you didn't. Refund him.

I think if he'd come back to you within a few days having checked the kit and found the poles taped (I've bought stuff from marketplace before and not given it a thorough, thorough check til I've got home, so awkward doing it on the seller's front drive!) he would have been justified in returning it to you but two months in is silly. But I only buy really well-described stuff as this negates most of the potential issues on both sides.

I think it's pretty shitty of you not to have mentioned the taped up poles. If they didn't impact use, then why weren't they mentioned in the advert?

AIBU to sell a tent with 2 broken poles?

Yes

Oh but the poles weren't actually broken

I like MN and AIBU, but I get fed up of people changing their story if they don't like the responses !

Is he staying that one of the broken pole caused damage to the tent?

We bought a tent in similar circumstances and put it up in the garden within about 2 days to check it, before going camping with it.

I think the time frame really does negate his right to complain.

Buyer beware and all that.

How much did he pay you?

It’s debatable whether you misrepresented the item or not to be frank. I wouldn’t say you’re in the clear. With something large like a tent, it’s not like the buyer would have been able to assemble it at the time of purchase to assess how weak the poles were and the true impact overall. His story could be plausible.

You never said how much he actually paid? The higher the value, the more likely someone would take this further

He's trying it on. Holiday ruined, deciding what action to take, my arse, classic CF speak. Glad you blocked. Wouldn't give it a second though. Fuck him.

I don’t think the 2 month time frame is that relevant, as by law he has 6 years to chase this up.

The longer he waits, the more difficult it may be for him to prove there was an issue at purchase but 2 months wouldn’t negate his rights. You did admit that there may have been an issue that you didn’t inform him about.

You should have included the tape info in the description or photographs. But as it was for strengthening rather than a repair, I cannot see how this affected his ability to put the tent up or for it to function.

From Which

Nobody tapes tent poles for just in case they get damaged

You absolutely should have listed the damaged and subsequently repaired poles in the inventory when selling it.

I think he's a CFer but I think you are too, soo...

I haven't changed my story - I didn't even know about the poles until the guy sent the message. Id assumed because he mentioned tape that they were previously split - but they weren't. Just reinforced with tape. My misunderstanding of the situation clarified by my DH.

They weren't mentioned in the ad as my DH genuinely didn't even register they would cause an issue. Nothing was purposefully not mentioned or hidden. We genuinely didn't think there was an issue with anything.