Enforcing agreements for private sales of goods or services
When you buy goods or services through a private sale, ie you are not buying from a trader or a business, you are making a contract with the other person. These contracts can be verbal or written.
The law says that the goods purchased must be fit for their purpose. Whether something suits for its purpose is relevant to how much you paid for it. If you paid a small amount of money it is not reasonable to expect a top quality product.
Often these agreements can be difficult to enforce as they are not in writing and it is difficult to prove what was agreed. Sometimes they are for a small value and you need to consider whether legal action would be financially beneficial.
Before making an agreement for a private sale or if you have made an agreement and there is a dispute you should get legal advice.
Door to door sales and telemarketing
A door to door sale is when a seller starts a demonstration of products in your home or work or comes to the door uninvited and you buy something. It does not include contracts made where you started the first contact with the seller. The law gives some protection for people who buy from a door-to-door sale.
The Office of Fair Trading provides detailed information about door to door sales and telemarketing, including rules about disclosure requirements, cooling off periods, and permitted hours.
Unordered goods
If you receive unordered goods (or unordered services) you do not have to pay for them or pay for the return of unordered goods.
The Office of Fair Trading has more information about unordered or unsolicited supply of goods or services, including what you need to do if you receive them and don't believe you should pay.
Pyramid selling schemes and other scams
Many pyramid selling schemes such as Joker 88, Pentagono and Golden Sphere are illegal.
The Scamwatch website has information on how to recognise and protect yourself from many different scams, including pyramid selling schemes, investment scams, lottery and competition scams and many more.
To report a scam, contact the Office of Fair Trading. They also provide information on how to protect yourself from scams and fraud.
Online shopping
An agreement can be made to buy goods or services over the internet. These agreements are contracts to buy and sell.
The Office of Fair Trading provides information and consumer tips for online shopping, including buying from overseas sites and from auction houses such as eBay.
Queensland Civil and Administrative Tribunal (QCAT)
QCAT can hear consumer and trader disputes if the amount is under $25,000, and if the dispute is about a contract for the supply of goods and services, such as food, clothes, appliances, furniture, car repairs and maintenance. You should try to resolve your dispute with the other party before asking QCAT to hear your dispute.