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  #21  
Old 19-02-2010, 03:49 PM
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Britney is it?
I assume you are a woman so I dont expect you to understand. Frankly not sure how you managed to type all that whilst at the sink.

Only going to correct you on 2 of the points you mention.
1 - Its not thomas
2 - I am not cool. I drive a GX. Ask anyone that knows me or my car and they will confirm.
  #22  
Old 19-02-2010, 03:53 PM
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Originally Posted by BALISTC View Post
There is only one Thomas here, and thats Thomaslav (TJ).
do not FUCKING call me thomas
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  #23  
Old 19-02-2010, 03:53 PM
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Quote:
Originally Posted by GX-REX View Post
Britney is it?
I assume you are a woman so I dont expect you to understand. Frankly not sure how you managed to type all that whilst at the sink.

Only going to correct you on 2 of the points you mention.
1 - Its not thomas
2 - I am not cool. I drive a GX. Ask anyone that knows me or my car and they will confirm.
Take a chill pill fella, as per last line wasnt supposed to be taken serious.
  #24  
Old 19-02-2010, 03:53 PM
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Quote:
Originally Posted by GTB Liberty View Post
Caveat Emptor
http://en.wikipedia.org/wiki/Caveat_emptor

Under the doctrine of caveat emptor, the buyer could not recover from the seller for defects on the property that rendered the property unfit for ordinary purposes. The only exception was if the seller actively concealed latent defects or otherwise made material misrepresentations amounting to fraud
  #25  
Old 19-02-2010, 04:04 PM
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Quote:
Originally Posted by GTB Liberty View Post
http://en.wikipedia.org/wiki/Caveat_emptor

Under the doctrine of caveat emptor, the buyer could not recover from the seller for defects on the property that rendered the property unfit for ordinary purposes. The only exception was if the seller actively concealed latent defects or otherwise made material misrepresentations amounting to fraud

lets not forget this is a general definition and not specifically Australian law.

but it is pretty close. If they advertised it I would try and bluff a refund based on the fact it was falsely advertised.....worth a shot....
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Last edited by axle; 19-02-2010 at 04:07 PM.
  #26  
Old 19-02-2010, 04:08 PM
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I know this won't help the current situation but next time your
willing to spend anything over $50 at a garage sale always ask
to see it working, it will save you alot of greif in the future.

Sell it to cashies and tell them it works fine, prob get a 1/4 of
what you paid for it but it's better than being 400 out of pocket
and having a shit sewing machine.
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  #27  
Old 19-02-2010, 04:09 PM
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Yep . . . and that's why I referenced my post. I don't like plagerism much either.

Notwithstanding, the definitions of "misleading" and "fraudulent" are in both the Westminster law systems of the world and American common law.
  #28  
Old 19-02-2010, 04:14 PM
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Quote:
Originally Posted by JDM_STYLE View Post
I know this won't help the current situation but next time your
willing to spend anything over $50 at a garage sale always ask
to see it working, it will save you alot of greif in the future.

Sell it to cashies and tell them it works fine, prob get a 1/4 of
what you paid for it but it's better than being 400 out of pocket
and having a shit sewing machine.
Totally agree with you. My wife was the one buying it, I was just parting with the cash. On the way to the ATM I asked her if she was going to see it running. I stayed in the car as our daughters were asleep by this point. She evidently didnt get a demo as she trusted the people.
  #29  
Old 19-02-2010, 07:47 PM
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I can imagine how sick the OP feels about it and no doubt his wife is pissed off and embarrassed about it.

Personally I would go back to the persons house or give them a ring and see what they are willing to do. Its hard but try not to be to confronting about it...bearing in mind caveat emptor they would probably be unwilling to refund you but you might be able to get them to agree to giving you the $125 to cover getting it looked at. If you sold it for $200 your not that far out of pocket then

Quote:
Originally Posted by GTB Liberty View Post
http://en.wikipedia.org/wiki/Caveat_emptor

Under the doctrine of caveat emptor, the buyer could not recover from the seller for defects on the property that rendered the property unfit for ordinary purposes. The only exception was if the seller actively concealed latent defects or otherwise made material misrepresentations amounting to fraud
I wouldn't go in with this from the start, very confrontational. Its good advise but bear in mind it will cost you a darn sight more than $400 to take it to court and get your $400 back.
  #30  
Old 19-02-2010, 08:35 PM
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sewing machine < window = feel better.
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