CGA and Warranty for Private Sales

Hey all, was just wondering if i purchase someone second hand off a private seller but have obtained the original purchase receipt. Would i potentially be able to claim warranty/CGA in the future with that receipt? Assuming it has the original buyers details on there?

Comments

  • +1

    Private sales are not covered by the CGA or Fair Trading Act.
    You might be able to get something remedied if you have the original purchase receipt but you would essentially need to pretend that this was you who bought it in the first place. How well that would go I don't know.

    Your only redress from a private sale would be through the Disputes Tribunal and there is no guarantee of success there. You also need to make sure you have all the sellers contact details - name, phone number, address etc if you ever need to make a claim.
    Essentally, it's buyer beware for private sales.

    Another good resource is the Personal Property Securities Register. This can tell you if there is money owing on something before you buy it so it doesn't get reposessed due to an outstanding debt by a former owner.

    • +1

      The CGA does cover gifts which means it should be fine when you have the purchase receipt if you claim it was a gift from the private seller.

  • Non transferable afaik.

    My experience behind the desk of a major electronics retailer is that if you dont mention it, I wont ask.

    • What do you mean by your last sentence sorry?
      If i don’t mention that my name doesn’t match the name on the receipt? Or something else lol

      • You got it. If you have the receipt then that will usually be enough. Don't give more details than you need to and you'll often be fine.

        • What if the receipt has the original purchasers details on it? Would they query the mismatched names?

          • +1

            @Martz5: Your mileage may vary there.

            I wouldn’t even question it to be honest, but I did have a hell of a chip on my shoulder about their warranties so anything to make them seem worse was a go with me!

            • +1

              @Grandma: Same here. I wouldn't have cared one bit that whoever gave it to you as a gift also gave you the receipt.

          • @Martz5: Could always just say its an acquaintance, or friend or person who's left the country or won a competition at work etc
            But you probably won't get asked.

            Most retailers just want the order no/invoice no. and/or receipt or copy of it.
            Often just go in saying he this thing is having this issue here's the receipt, once they accept it then be like "oh btw here is my details can you contact me here"

  • +2

    With these situations I have found it can be easier to go direct to the manufacturer rather than the retailer. That way you can avoid the slightly embarrassing pretending to be someone else or claiming it was a gift. Often manufacturer doesn't even ask for, or want a receipt. Just confirmation of the issue with the item. I've done this with a number of things I purchased second hand with no receipt available.

    • This. Often for tech items you get a quicker resolution as well, like PC parts etc.

  • CGA is not a warranty and not covered by private sellers.

    • Yes, I think they realise that. The point of the post as far as I can make out was can you go back to the original retailer if you have the original receipt, but in a different name to yours.

      • Yes and no.
        CGA might get a bit messy because the original trade was with the original buyer and that contract could be considered non transferable.

  • There are some exceptions (eg s42 of the act), but in general, yes, with the receipt, a subsequent owner can claim warranty against the retailer and/or manufacturer, but not against the private seller. Ownership changes do not change the purpose of the act. For goods, the purpose of the act as defined under s1A(2)(a)(i) is that they must be safe, fit for purpose, and of reasonable quality. A business can argue against some "fit for purpose" claims of a subsequent owner as defined under s8(1)(a), but not under s8(1)(b), but it couldn't argue that a good does not have to be safe or of reasonable quality simply because it changed hands.

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