Buying and selling directly with another individual online — through Facebook Marketplace, Kijiji, or similar platforms — has become an everyday part of life, but it comes with fewer built-in protections than buying from a business. When something goes wrong, Small Claims Court is often the most realistic path to a resolution.
Common private sale dispute scenarios
- An item purchased that turns out to be significantly different from how it was described or photographed.
- Payment sent for an item that was never delivered or picked up.
- A buyer who took an item but never completed payment, or reversed an e-transfer or payment after the fact.
- A vehicle purchased privately with undisclosed mechanical problems or a misrepresented history.
Why a private sale is different from a business purchase
Buying from another individual generally comes with fewer legal protections than buying from a business — private sales are often closer to "as is" unless the seller made specific representations that turned out to be false. This doesn't mean private sellers can say anything they want without consequence, but it does shift more of the burden onto the buyer to ask questions and inspect an item before paying, unlike a consumer dispute against a business.
When an item wasn't as described
If a seller made specific, false representations about an item's condition, history, or authenticity, this can support a claim even in a private, "as is" sale — the key is showing what was actually said or written, and how it differed from reality. Keep the original listing, any messages exchanged, and photos or evidence of the item's actual condition once received.
Paid but never received
If you paid for an item that was never delivered, your claim is generally straightforward in principle — you're owed either the item or your money back — but practically depends on being able to identify and locate the seller. Keep records of the payment, the listing, and all communication, since this may be your only path to identifying who you actually paid.
If you're the seller: buyers who don't pay or reverse payment
Sellers face their own version of this risk — a buyer who takes an item without completing payment, or who reverses an e-transfer or other payment after receiving the goods. The same principles apply in reverse: keep records of the listing, the agreed price, and communication confirming the transaction, along with any proof of handing over the item — the same kind of paper trail that matters in any unpaid invoice or loan dispute.
The challenge of identifying who you actually dealt with
One of the practical difficulties unique to private sales is that you may only have a first name, a phone number, or a platform username for the other party — not a full legal name or address. Before filing, you'll generally need to identify the other party properly enough to serve them; gather whatever identifying information you can from the platform, payment records, or communication, since this can be a genuine obstacle in these disputes.
The platform's limited role in the dispute itself
Marketplace platforms generally facilitate the connection between buyer and seller but aren't typically a party to the transaction itself, meaning a claim usually needs to be against the other individual, not the platform. That said, checking whether the platform has its own dispute resolution or buyer protection process is worth doing first, since it may resolve the issue faster than a court claim.
Evidence that matters most
- The original listing, including photos and description.
- All messages exchanged with the other party through the platform or otherwise.
- Proof of payment — e-transfer confirmation, cash app records, or similar.
- Photos of the item as received, compared against the listing.
- Any identifying information about the other party — name, phone number, or address, if known.
Before you file
Send a clear, direct message to the other party describing the problem and what you're asking for, ideally through the same platform where the original communication happened — or use the demand letter builder if you have a mailing address. Many private sale disputes resolve once the other party realizes the matter is being taken seriously.
Common mistakes
- Not saving the original listing or messages before they're deleted or become unavailable.
- Not getting basic identifying information from the other party before completing the transaction.
- Assuming the platform is responsible for resolving a dispute between two individual users.
- Waiting too long to act, especially where the other party's contact information may become stale.
Frequently asked questions
Can I sue someone if I only have their first name and phone number?
It's more difficult, but not necessarily impossible — you'll generally need to identify the person properly enough to serve them, so gather whatever information you can before deciding how to proceed.
Is a private sale really "buyer beware"?
Largely, yes, for the item's general condition, but a seller who made specific, false representations can still potentially be held responsible for them.
Can I get the marketplace platform to refund me?
Some platforms offer their own buyer protection or dispute process worth checking first — but a Small Claims Court claim would generally be against the other individual, not the platform itself.
What if the buyer reversed their e-transfer after I shipped the item?
Keep your proof of the sale, the payment, and shipment, and pursue the buyer directly for the amount owed.