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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

any ebay experts i sold a van now buyer wants refund

44 replies

user1472402339 · 18/09/2017 10:22

Help yesterday we sold our very elderly van we described all the faults we were aware of and also that it would need to be towed away as it has a fault, the buyer came looked it over and paid cash he insured the car and registed himself as the owner with dvla prior to pick up, he did point out my photos didn't show all the primer spots, but I did warn him of this via email prior to his purchase.
I have now sent off the documents to dvla and cancelled my insurance.
He now wants to return it as it is a bigger job to fix Tha he thought, abiu to think buyer beware he is now the registered keeper. Or will ebay screw me over help !

OP posts:
Idontevencareanymore · 18/09/2017 10:23

He paid cash right?

Legally it's buyer beware, sold as seen. BUT if he paid PayPal and not cash you're liable to be screwed.

FreshSet · 18/09/2017 10:24

have no advice to offer but i do know ebay tend to side with the customer who bought the item

AlmostAJillSandwich · 18/09/2017 10:25

He's paid cash, he viewed the van and accepted it. Even if he had paid by paypal, ebay do not offer any buyer protection on vehicles, if listed properly in the vehicle category.
He probably can't even go via small claims, as he ultimately viewed the van before handing over money.

5rivers7hills · 18/09/2017 10:25

Did he pay cash? Please tell me he did.

If so, you're totally fine. Buyer beware as long as you sold it with as fair a description as possible.

MagdalenLaundry · 18/09/2017 10:25

He paid cash? No issue then
He looked at it and bought it just like any classified ad
eBay won't force a refund if cash on collection

Cailleach666 · 18/09/2017 10:26

Refund.

I sell full time online and have been selling on ebay for 13 years.

If you don't refund the buyer will raise a case and they will refund without your permission. And you will probably get bad feedback too.

You won't win this one. It will be less painful in the long run to accept the vehicle back and refund now.

Grumpyoldpersonwithcats · 18/09/2017 10:30

If they have paid cash you don't have an issue and you can refuse to accept it back (I'm assuming you are a private seller - not a business?).
If they have paid via paypal you may find the buyer gets refunded outside your control.

Have they collected the vehicle yet?

Ellendegeneres · 18/09/2017 10:31

Call eBay, explain and ask them. I'd not refund, he came, viewed it, registered and insured it, paid cash for it and took it away.
If he'd wanted to, he could have taken a mechanic along to check it over, like any other vehicle purchase. He chose not to. Caveat emptor

Cailleach666 · 18/09/2017 10:31

Sorry I missed the bit where you say the buyer paid cash.

wasonthelist · 18/09/2017 10:31

Cailleach666

The whole of your post is incorrect.

wasonthelist · 18/09/2017 10:32

Sorry X post

SleepFreeZone · 18/09/2017 10:34

I would have got him to sign something saying 'sold as seen' or similar and the exact time of sale. I also would only have accepted cash. With those things done then I'm afraid it's his loss. You sound like you were very upfront.

orlantina · 18/09/2017 10:34

Caveat emptor

Indeed. Sold as seen. He saw it.

Same for any private car sale.

expatinscotland · 18/09/2017 10:37

Private car sales are already covered by caveat emptor legislation. He saw it, paid cash and took it. Ebay doesn't offer protection in this case and he's not entitled to his money back.

MrsOverTheRoad · 18/09/2017 10:37

He paid cash...he can't return it.

c00k1e · 18/09/2017 10:38

No issue. I wouldn't worry. It's buyers responsibility to check over the vehicle. Have had something similar in the past and it was a lot of hot air. You advertised it clearly and he

ZippyCameBack · 18/09/2017 10:43

The ebay moneyback guarantee doesn't apply to motor vehicles. If he paid cash (please don't tell me you accepted paypal!) then he has no recourse.
He will probably neg you, but that's hardly the end of the world. A neg from an obviously unreasonable buyer with a calm factual reply from you won't do you any serious harm anyway, and will show potential chancers that you don't just give in and refund at the drop of a hat.

hidinginthenightgarden · 18/09/2017 10:45

He paid cash PLUS he looked it over before he took it away! He has no chance.

badtime · 18/09/2017 10:45

THE OP SAYS HE PAID CASH!!!

Proudmummytodc2 · 18/09/2017 10:48

Hi

As her viewed the car he has no come back with the "job is bigger than he thought"

I'm a trained paralegal in Scots law and here if taken to small claims his case would be dismissed because he viewed the van before he bought it and accepted it in the state that he viewed it.

This is a case of buyer beware.

if your in England it's not much different from scots law that I'm aware of.

But as long as he viewed the van before he took it he has no come back on the case of "it's too big a job"

but if there is something wrong with the van that you did not provide evidence of and he can legally prove you knew this was wrong and you sold it knowing something was wrong but you didn't disclose it he will be entitled to damages through the court system.

GabsAlot · 18/09/2017 10:49

i read a case on mse where somone sold a car as seen thy said it wasnt as advrtisd-it was, all faults listed

took them to court and won so dont assume this caveat emptor thing covers you

wasonthelist · 18/09/2017 10:50

GabsAlot

Do you have a link?

NotAnotherUserName5 · 18/09/2017 10:52

I'm assuming he didn't view it blindfolded.
Sold as seen surely?

LoislovesStewie · 18/09/2017 10:55

Years ago ( before Ebay) we sold a car privately. The chap paid cash, I told him it was well used and had faults. A few weeks later we got solicitor's letter saying it had another fault, so a friend who was a solicitor drafted a letter saying 'caveat emptor', the car was old and unlikely to be without further problems. He had refused a test drive (!) and I had to open the bonnet as he seemed unwilling to look at the engine. I mean, I ask you! You are not a dealer and presumably have no specialist knowledge of cars so I think it should be OK for you. We heard no more in our case. I think I am right in saying that private sales of cars are really 'buyer beware',

orlantina · 18/09/2017 10:57

I'd love for the buyer to start an AIBU.

I saw a van on EBay.
I went and looked at it.
Paid cash.
Now it's a bigger job. Should I get my money back?

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