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I bought an item via Facebook Marketplace. It was advertised very explicitly as exactly what I wanted and it was also advertised as brand new and still in it's packaging.
I made an offer which was declined on the basis that it was brand new and still in its packaging.
I agreed to buy it and collected it the same day, I didn't open the packaging but it had already been opened enough to see what it was, it also had a delivery sticker on it which correctly described the item I wanted.
The following day I unpacked it and it wasn't the type of unit that had been advertised, it was in fact very different and would not suit my needs, so I immediately messaged the seller to explain the issue.
He denied any responsibility and refused to refund the purchase price on the basis that it was my fault for not checking it.
I think I have a claim for misrepresentation given that the description was unambiguous and I think a buyer is entitled to rely on a description particularly when the advert showed photographs of the item I actually wanted.
What is your view please?
I made an offer which was declined on the basis that it was brand new and still in its packaging.
I agreed to buy it and collected it the same day, I didn't open the packaging but it had already been opened enough to see what it was, it also had a delivery sticker on it which correctly described the item I wanted.
The following day I unpacked it and it wasn't the type of unit that had been advertised, it was in fact very different and would not suit my needs, so I immediately messaged the seller to explain the issue.
He denied any responsibility and refused to refund the purchase price on the basis that it was my fault for not checking it.
I think I have a claim for misrepresentation given that the description was unambiguous and I think a buyer is entitled to rely on a description particularly when the advert showed photographs of the item I actually wanted.
What is your view please?
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