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Original poster

Problem with car sold on ebay

22 replies

perfectlybroken · 07/12/2016 09:02

We sold a car on ebay, the buyer did not view it or test drive before bidding, even though I encouraged this and gave my phone number. He got it for a good price, we needed to sell it quickly so put a low starting price and there was only one bid. It was a great car, and to our knowledge no problems.
I had a message today saying there is a serious problem with the gearbox, and that he will investigate further and get back to me.
He came to collect it with a friend who had a bit of knowledge about cars, and my husband and I both commented on what nice people they seemed. However, I am feeling a bit worried about this. How can a problem with the gearbox have developed so quickly?

Also, I feel he had the opportunity to have a really good look and a test drive before bidding, which he chose not to do.
What are my options here? I presume he's going to ask me for money towards repairs. I'm actually tempted just to ask for the car back and give him his money back.
Any advice appreciated, thanks.

OP posts:
JustAnotherPoster00 · 07/12/2016 09:09

Just tell them it was sold as seen no warranty was given or implied, as with all private car sales its a case of buyer beware, if the car was road worthy and as far as you know had no issues then its their problem not yours.

HTH

Original poster
perfectlybroken · 07/12/2016 09:19

Thanks, I don't feel very comfortable doing that, even though I know in theory that is correct!

OP posts:
SoupDragon · 07/12/2016 09:23

How did he pay?

I would go with the "sold as seen" line and reiterate that the car was fine when you sold it with no indication of any faults.

DubiousCredentials · 07/12/2016 09:23

It's tough luck on the buyers part as pp said.

here

Private
If you buy privately, it's a case of 'Buyer Beware'. You won't have the same legal protection as you would if buying from a dealer and it's up to you to ask the right questions and inspect the car thoroughly before you buy. It's a good idea to get an independent engineer to give the car a thorough mechanical inspection, and to get a car history check to make sure there's no shady past.

Because your legal rights are more limited, unscrupulous dealers may masquerade as private sellers: be very wary if a private seller wants to meet you somewhere other than at their home, or if their name is not on the V5C registration document. A dealer pretending to be a private seller is committing a criminal offence.

The only legal terms that cover a private sale contract are:

the seller must have the right to sell the car
the vehicle should match the description given by the seller
the car must be roadworthy - it is a criminal offence to sell an unroadworthy car and an MOT certificate from a test several months ago is no guarantee that the car is roadworthy today.

PoldarksBreeches · 07/12/2016 09:25

Do eBay have any of their own rules apply to car sales? I'm sure they must be exempt. Assuming they paid cash? I would hope nobody would ever accept PayPal for something like a car!

Original poster
perfectlybroken · 07/12/2016 09:37

Yeah, he paid by cash, and I know in theory it is there problem if there is now a difficulty with the gearbox that we were unaware of.
The last car we sold, also in great condition, broke down on the buyers way home! We went halves with him on the repairs. I think this time I need to be a bit more tough.

OP posts:
HeavenlyEyes · 07/12/2016 09:54

as long as you are not a business selling cars then you are ok. He may still try small claims but I think it is unlikely he will win - unless he can prove you regularly sell cars under the guise of being a private seller.

Original poster
perfectlybroken · 07/12/2016 10:42

Well it's good to know I'm legally OK. How about morally though. If he is being honest do you think I have a moral obligation to help, or give him a refund?

OP posts:
JustAnotherPoster00 · 07/12/2016 11:06

I would hope nobody would ever accept PayPal for something like a car!

Paid £700 for a car I found on eBay with PayPal, awesome car and I still have it, one of the safest ways to be because youre covered by paypal.

PossumInAPearTree · 07/12/2016 11:11

Yes as a buyer you're covered. But a seller would be in trouble with a dishonest buyer as PayPal can take the money back out your account if they want!

OP, I would say that morally it's still sold as seen. You've no idea if he's been honest, even if he is it's not your responsibility. He had the opportunity to check the car out and didn't. He got it for a bargain price.

PoldarksBreeches · 07/12/2016 11:18

As a seller you'd be fucked though if you accepted PayPal
Op you don't have a moral obligation to refund. Caveat emptor.

Original poster
perfectlybroken · 07/12/2016 11:22

OK, he knows where I live though, and he's much bigger than either me or DH (or both of us put together) Grin

OP posts:
19lottie82 · 07/12/2016 12:02

Sold as seen. Ignore him.

How much was the car / how old is it? Just out of curiosity.

19lottie82 · 07/12/2016 12:03

Just exactly!
As a buyerit's ideal to pay for anything you can with PayPal, but as a seller NEVER accept it for a car.....ever!

c3pu · 07/12/2016 12:06

If he bought the car and it was in much better condition than he expected, would he be messaging you offering to give you more money for it?

NOPE.

Stand firm. He had the chance to view and take it for a test drive. Caveat Emptor.

HeavenlyEyes · 07/12/2016 18:15

Just - you do not ever pay Paypal for a car. You don't have any buyer protection for vehicles with Paypal anyway.

BattleaxeGalactica · 07/12/2016 18:25

If he's paid in cash eBay will deem him to have inspected the car and been satisfied with it. If he messages again (and it sounds to me like he's scamming looking for a discount), just point this out to him.

19lottie82 · 07/12/2016 21:22

Heavenly it's perfectly fine to BUY a call with PayPal. Just never acceptnit if you're SELLING one (or any other collection only item).

Original poster
perfectlybroken · 07/12/2016 22:00

The car is 15 years old, sold for 1000. They are unusual cars though and that age sell for up to 2000.

OP posts:
bosch · 07/12/2016 22:08

OP, last two cars we sold through ebay - one a classic (pre war) car that had been lovingly restored - chap who bought it crunched the gears on the test drive after he'd bought it and then drove it around 400 miles home but didn't nurse it the way dh would have done, shortly after the engine gave up, he phoned to let us know... we didn't offer any refund...

The other car we sold to someone who'd previously told us he wanted the registration plate. When the garage told us it would cost more to repair it than it was worth, we sold it to him for the value of the tax disc...he rang us up a few weeks later to say it was knackered and hinted he wanted his money back. Dh told him to sling his hook.

Don't give in OP, people will try it on...

HeavenlyEyes · 07/12/2016 22:53

You are wrong Lottie - it does not cover vehicles. Hasn't for a very long time. I am well aware about collected items and cash.

pages.ebay.co.uk/safetycentre/eBaybp.html

19lottie82 · 07/12/2016 22:57

Heavenly.... buyer can still claim non reciept and get a refund from PayPal.

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