private sale consumer rights?

I recently bought a playstation2 in a private sale from a classified advert. Upon getting it home i found that many of the 70 games with it did not work. I saw the computer ‘working’ at the sellers house, but obviously didnt have time to check every single game. Now the seller is refusing to refund me, do i have any legal rights?

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5 Responses to “private sale consumer rights?”

  1. waldo_mcginty says:

    The terms that apply to a sale contract differ depending on whether the sale is a consumer or a private sale.Yours was private It cannot be a consumer sale at the same time.You still acquire contractual rights in a private sale although you can expect more legal protection in a consumer sale where statutory provisions add to basic common law rights.

    ‘Caveat emptor’ – let the buyer beware – is not neccessarily the whole story.Even in a private sale you still have a common law right to goods that correspond with any description or statement applied to them by the seller such as "good working order" etc. – although that does not seem to apply here.

    It is also implied that the goods will be of reasonable quality & fit for purpose but this is excluded if "sold as seen" or where you have an opportunity to examine them but did not.So on balance if you did not test each game you have no redress if some don’t work.

  2. Terry says:

    No, the sale is subject to the rule of ‘caveat emptor’ – let the buyer beware. With used items, you have to inspect it to make sure it works correctly. The previous owner could reasonably claim you’ve done something to the system to render the games unusable. Unless you can prove he actually hid the defect in order to make the sale, I’m afraid you have no case.

    http://en.wikipedia.org/wiki/Caveat_emptor

  3. americanfreeman says:

    none

  4. Jason O says:

    Would think it would have been sold as seen so no

  5. Andy S says:

    No, unless the seller made an explicit guarantee to you that the items were all in working order.

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