A few weeks back I went with my wife to a garage sale and bought a sewing machine. Flash unit that does all sorts of embroidery etc.
Paid $400 for this and was assured that it worked perfectly. They looked honest enough so paid the money.

Got it home and tested it out a few days later. Hmm not working so well.
Wife books it in for a service. $125 later we get a call and we got a lemon. It has been repaired so it can sew but all the embroidery functions are no go.

What is the best path of action to take. As it was a garage sale I know where they live. it was advertised in the quokka but have not yet found it to see if there is a phone number.

All advise is appreciated.

Caveat Emptor

I will translate for people who dont know.... (Buyer Beware)

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You're V8 just got Choped by a Outback ... :)

Unfortunately you can't do much as it was from a garage sale
and it's the same as buying something off the street, only difference
is you know where they live (;

Best thing thing you can do is contact them and see if it can be sorted
out but I think you won't have much luck.

Hope it works out for you but if not there are always ways to return
the treatment.

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221.7KW-ATW 498.5NM MMS ROLLER DYNO & BUILT BY STi NINJAS, BUILD #318/600

EBISU SUBARU, SHIBUYA-KU TOKYO

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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Subaruless

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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221.7KW-ATW 498.5NM MMS ROLLER DYNO & BUILT BY STi NINJAS, BUILD #318/600

EBISU SUBARU, SHIBUYA-KU TOKYO

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.

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.

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

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.