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I purchased a spa pool from a friend. before purchase i specifically…

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I purchased a spa pool...
I purchased a spa pool from a friend. before purchase i specifically asked about faults. it has two other quite expensive to rectify faults which i believe she should either repair or refund me and sell to someone else. i have text messages from her acknowledging she did not disclose these faults, she says she was unaware, i also have text messages from her agreeing to refund me. now she refuses, saying it was sold in as is condition. can she do this when she did agree in writing the texts to me that i did ask about condition before i bought it
Submitted: 8 years ago.Category: Australia Law
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Answered in 3 hours by:
6/9/2010
Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 8 years ago
Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
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How much did you pay for the pool, and what state of Australia are you in?
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Customer reply replied 8 years ago
$1800 QLD.Its one on those outdoor spas with plumbing underneath and woodgrain fininsh around the bottom. When i asked about faults before purchase, she said it was missing two of the woodgrain panels, but it also doesnt heat properly and leaks which she did not disclose. I had it removed to my house by professionals, independant witnesses can state it was moved carefully and professionly, and from the very next day i told her about the additional faults
Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 8 years ago
[QUOTE]can she do this when she did agree in writing the texts to me that i did ask about condition before i bought it[/QUOTE]
Thanks for that additional information.

No, she can't back out now. What I recommend is that you see a lawyer and have him write her a letter stating that if the spa is not repaired within 14 days or your money refunded, that he holds instructions to commence proceedings against her in the Queensland Magistrates Court.

When she see's this on a lawyer's letterhead she will finally start to take this seriously and should repair the spa without delay. If not, however, then you will need to commence proceedings against her through the small claims division of the Magistrates Court.

To do so simply call (07) 3247 4578 and ask them to post out to you a Minor Debt Claim form. Fill it in (it is relatively self explanatory), and then post it back to the Magistrates Court (details of the location will be on the form) with the filing fee.

The court will give you two (2) copies of the stamped claim form. You need to arrange to have one of the stamped copies of the claim forms delivered to her as soon as possible once you receive them.

Then wait 28 days after the claim has been given by you to her, and call the court to see if she has filed a Defence. If not, then the Magistrate can render judgment in your favour without hearing evidence.

However, if she has have filed a Defence, the matter will be set down before a Magistrate who will hear both sides at a hearing before ruling on the matter.

I think you would have a very good case for a full refund if matters progress to this stage.

If my answer has been helpful or informative, please press Accept. I am also able to answer further questions after accepting.

Edited by Alex on 6/9/2010 at 7:08 PM EST
Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
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Brisbane-Lawyer and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 8 years ago
As i live at loganholme near shailer park and you are practicing in brisbane, i work at the mater hospital, is it possible to have a letter drawn up by your firm? I'd like to know how much in legal fees this will cost me and is she also responsible for them
Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 8 years ago
Unfortunately I cannot draft the letter for you. I have contractual obligations to this website which preclude me from doing so. But if you're in Loganholme, you might want to try Rick Bryne. He can be reached on (07) 3806 0011.
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