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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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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:

SistersOfPercy · 18/09/2017 11:04

Sold as seen does technically have a get out under the misrepresentation act, BUT, this is only if you've described it as being the best van in the world that never breaks down etc and it actually isn't.

Sounds like you've described it accurately and have no worries. If it were me I'd offer him the use of your original photos to sell it on with but I wouldn't be refunding. Dare say he'll be full of bluster and court threats, but ignore.

AllToadsLeadToHome · 18/09/2017 11:15

Save a copy of the listing, photos and all correspondence just in case.

Squarerouteofsquirrel · 18/09/2017 11:22

Phone local trading standards and take their advice. I vaguely remember that a buyer has right to return used vehicle, up to 30 days, after sale if it develops faults that are not in keeping with age of vehicle etc. Obvs very subjective. So take advice.

SlothMama · 18/09/2017 11:22

I think he's trying his luck tbh, he paid with cash so paypal can't help him. It's his own fault for not checking the vehicle more thoroughly.

I sold a car on Ebay and the sellers tried contacting me months later because it failed its MOT.....

purplecorkheart · 18/09/2017 11:26

Sold as seen. Paid cash.

19lottie82 · 18/09/2017 11:27

Another vote for "sold as seen", send him a message saying "sold as seen, sorry no refund" then don't respond to anymore messages.

19lottie82 · 18/09/2017 11:28

square the buyer does not have that "right" in a private sale, trade sales only.

hellhasnofurylikeahungrywoman · 18/09/2017 11:47

I vaguely remember that a buyer has right to return used vehicle, up to 30 days, after sale if it develops faults that are not in keeping with age of vehicle etc

This doesn't apply to private sales.

nocake · 18/09/2017 11:47

The onus is on the buyer to ask the right questions and check over the car before buying it. The only way he or she could have any right to return it is if you described it incorrectly. That doesn't mean you not including something in the description. It means something incorrect. So... not mentioning the condition of the tyres is fine. Stating that all the tyres are brand new when they're all worn is not.

araiwa · 18/09/2017 12:33

His van, his problem

sharklovers · 18/09/2017 12:39

It's his van now and his problem. Tell him to jog on.

user1471443504 · 18/09/2017 12:39

He paid cash. You were honest about faults. He looked over the van before he took it away. Absolutely wouldn't refund him. Sold as seen.
In the past when I sold cars through AutoTrader for cash I always wrote out 2 receipts,one with buyers copy on it, wrote sold as seen on both and took a photo of them together to show date of purchase and that I had given a receipt and agreed sold as seen. Never had any problems with people changing their mind but I always hoped the evidence of a receipt would help a bit if they did.

SteampunkPrincess · 18/09/2017 12:40

I spoke to trading standards 're rights for trade against private sales

She said that your rights are the same ie if misrepresented you still have a right to refund etc

expatinscotland · 18/09/2017 12:41

I'd not even bother replying. He knows he fucked up. Block him. He saw it, he looked it over, he towed it off - he knew it didn't even run!

ShatnersWig · 18/09/2017 12:44

Can't believe the number of people who didn't read a relatively brief OP where it clearly says he paid cash.

expatinscotland · 18/09/2017 12:44

'She said that your rights are the same ie if misrepresented you still have a right to refund etc'

It was not misrepresented. He can try it on in court, but all the faults they were aware of were listed, he looked it over and towed it off. Omitting a fault you were unaware of is not misrepresenting, and he has no evidence the past owners knew of faults other than what they listed.

Original poster

user1472402339 · 18/09/2017 12:45

Thanks wisdom of mumsnet I have now emailed him and very politely told him its his van his problem, shall wait and see what the fall out is.

OP posts:

expatinscotland · 18/09/2017 12:47

He viewed it, you listed it correctly as far as you knew, he paid cash and towed it off. His problem. He's trying it on. He'll reply back that he'll use Ebay. TBH, just to be safe, I'd close out my account on Ebay and even the card you used just to be safe. He might try bullying, so I'd just block.

SteampunkPrincess · 18/09/2017 13:42

'She said that your rights are the same ie if misrepresented you still have a right to refund etc'

It was not misrepresented.

I know, I was saying this as people had said certain things didn't apply to private sales

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