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Refunding a sold mobile phone

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Andy008 | 18:27 Tue 24th Oct 2006 | Law
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I recently sold via a local press advert a factory-new sim free mobile phone I had got as an unneeded exchange from Vodafone. I had used the phone with my SIM card for one day to test it, and found it to be working perfectly.

I sold it on Monday last week and told the buyer I would hold on to the cash until Friday, should there be any problem. He agreed.

Yesterday (Monday) he called me saying that the phone's keypad is malfunctioning, and basically it doesn't work...

Where do I stand from a legal point of view? Bearing in mind that I did state I would hang on the cash for 4 days after (which I did), and that I test the phone myself and found it to be working fine?

Thanks.
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Buying privately through a small ad in a newspaper offers fewer rights than those we normally associate with consumer purchases. In a private sale, the goods must be as described, but a seller who is not acting as a business is not covered by the rules on satisfactory quality and fitness for purpose.
As kempie says, all you have to ensure is that you described it accurately and if you have done that, then you have upheld your legal responsibilities. There is an element of buyer beware when buying privately as the seller isn't expected to know every single thing about the item and potential problems.

Might just be worth checking the description in the ad and thinking about what you said to him by way of description, and if you are sure it is accurate then put this to him, end of!

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