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29.5.06

The broken laptop buyer bites back 

Found via Antony Mayfield’s Open blog, there is a (true or false) story of a who bit back after being sold a faulty . Instead of resigning to the fact he was duped after purchasing a lemon via eBay, he decided to get what he could off the hard drive and post its content accordingly.
   The Broken Laptop I Sold on eBay is a blog where the alleged seller’s name and CV are detailed, and even mentions that the laptop gives the buyer full access to his email accounts, information on his passport, and his bank details.
   In the 2000s, not only is it buyer beware; it is seller beware, too—because dishonour is more easily exposed than ever. Then, Google will pick it up: people need to be concerned about their , as I wrote in February. If , the seller accused of selling the laptop, is innocent, the 100-plus Google references to date will still be hard to explain away.
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Comments:
What the consumer did here definitely was a smart thing to do. Shame on the person who tried to dupe him, I hope he is found out and stopped in his tracks.  
The power definitely lies in the hands of consumers these days. And what is interesting to me is that sellers need not be big corporations today, either: they can be everyday people who have allegedly committed some injustice. The danger, I suppose, is when the buyer has falsified a story to destroy someone’s reputation.  
Just wondering Jack, are trademe and ebay covered by the consumers guarantee act? Obviously with ebay being an overseas company the rules would be different...  
There are certain provisions of CGA 1993 that a company may contract out of, but generally, TradeMe would be covered by it. However, eBay could be a different kettle of fish. I’ve never bought a thing off either, but I would imagine that your suspicion is right. EBay, being a foreign company, needs not be bound by the Act even if consumers here buy from it. It will depend largely on private international law—which, in lay terms, says (a) you can specify the law you want to be bound by; and (b) that in the absence of this, a court will look at which jurisdiction has more connections with the deal.
   If this case happened in New Zealand, and it were as the buyer said, CGA 1993 would kick in, as would the Fair Trading Act 1986 (the seller’s misrepresentation) and straight contract law. I would even think that this would be considered a crime under the Crimes Act 1961, because the seller defrauded the buyer.  
If you use Ebay, your safest payment method is through Paypal, as this will cover you in the situation where you get a faulty product, or have problems with the seller.  
I use ebay all the time. The safest method of Payment is Paypal, they have a guarantee that means you will get your money back should you run into problems such as the one the "laptop" purchaser had.  
Colette, how nice of you to drop by! Great to see you here on my blog. How are things Stateside?  
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Note

Entries from 2006 to the end of 2009 were done on the Blogger service. As of January 1, 2010, this blog has shifted to a Wordpress installation, with the latest posts here.
   With Blogger ceasing to support FTP publishing on May 1, I have decided to turn these older pages in to an archive, so you will no longer be able to enter comments. However, you can comment on entries posted after January 1, 2010.


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