If You Win an Auction on Ebay, Is It a Legal Contract ?
#1
Someone has won an auction of a off road motor bike I had on ebay. From his e mails I get the impression he just wants to the view the bike, and buy it if he feels its right for him.
I clearly put "bid to buy not to view" but in his e mails he wants a test ride first.
He's coming today at 5 pm to "view" Where do I stand if he starts haggling over the price and saying this needs doing, that needs doing etc
Thanks
Matt
I clearly put "bid to buy not to view" but in his e mails he wants a test ride first.
He's coming today at 5 pm to "view" Where do I stand if he starts haggling over the price and saying this needs doing, that needs doing etc
Thanks
Matt
#2
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I suppose it depends on how much you need to sell it?
IMO i would NOT buy ANYTHING without trying it first
If he is coming from far away(?) he must be interested ?
IMO i would NOT buy ANYTHING without trying it first
If he is coming from far away(?) he must be interested ?
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Anyone in their right mind would want to test something like that before buying - I know I would. As long as its made clear that any questions are asked and any viewings/test drives done before end of auction then that should be fine. If he doesnt buy then there isnt much you can do other than report him as non-payer.
Its always a tricky one with stuff of value.
Simon.
Its always a tricky one with stuff of value.
Simon.
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We must appreciate that the essence of eBay is that if you win the auction, you are OBLIGATED to buy.
Its not a conditional acceptance, based on whether you are happy with the product.
The item must be FULLY described, including any defects or items which require to be addressed. Based on this, the sale takes place prior to "viewing".
Anyone bidding for a second hand item, especially a mechanical item such as a car or motorbike, should only bid in the knowledge that they are bidding to buy and not bidding for a test drive.
I'm quite sure that no matter how "sound" your item may be, the most picky of people could find "something" wrong with it, no mater how small, in order to give some haggling ammunition.
Personally, I'd tell him thanks but no thanks. Imagine you had to run a 7 day auction just for the winner to want a "viewing" and then say no? Suddenly you find yourself in another 7 day auction?
No chance!
Tell him, its his and once payment received, he can drive!
I'd re-list it and chase him!
All IMHO of course.
Its not a conditional acceptance, based on whether you are happy with the product.
The item must be FULLY described, including any defects or items which require to be addressed. Based on this, the sale takes place prior to "viewing".
Anyone bidding for a second hand item, especially a mechanical item such as a car or motorbike, should only bid in the knowledge that they are bidding to buy and not bidding for a test drive.
I'm quite sure that no matter how "sound" your item may be, the most picky of people could find "something" wrong with it, no mater how small, in order to give some haggling ammunition.
Personally, I'd tell him thanks but no thanks. Imagine you had to run a 7 day auction just for the winner to want a "viewing" and then say no? Suddenly you find yourself in another 7 day auction?
No chance!
Tell him, its his and once payment received, he can drive!
I'd re-list it and chase him!
All IMHO of course.
#5
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Know how you feel mate..
I sold my RGV250 on ebay. It was a buy it now price, he came round and viewed it (while it was on), he liked it and gave me a deposit. I took it off ebay (to save on charges). He came back a week later, then offered me £300 less than the price it was for sale for (despite not haggling a week before and leaving a deposit)
I sold my RGV250 on ebay. It was a buy it now price, he came round and viewed it (while it was on), he liked it and gave me a deposit. I took it off ebay (to save on charges). He came back a week later, then offered me £300 less than the price it was for sale for (despite not haggling a week before and leaving a deposit)
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If they bid and win, they own it at the won price. I cant stand timewasters on there [img]images/smilies/mad.gif[/img] Its too late too ask questions afterwards....
Nath
Nath
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jameswrx,
I'd have said to the guy....
"We agreed a price, and you owe me £? (Price-deposit)
If you wish to haggle after we have agreed the price, the sale is off and your deposit is non-refundable"
Then I'd have a night out with his deposit money and use the rest to pay for the re-advertising.
I'd have said to the guy....
"We agreed a price, and you owe me £? (Price-deposit)
If you wish to haggle after we have agreed the price, the sale is off and your deposit is non-refundable"
Then I'd have a night out with his deposit money and use the rest to pay for the re-advertising.
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I recall seeing on one item the seller said something about taking buyer to claim court (or something along those lines, was spelt incorrectly) to get back costs incurred. Dunno the legalities tho.
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In reality ebay don't give a **** either way and can't enforce it.
I've been on both ends re buying and selling:
Bought a car after contacting the seller by phone and email before end of auction. He lied about the car's mileage, condition and MOT (it was a fake MOT cert!). He tried to do all the ebay threat stuff - nothing came of it. I said I'd grass him up to the DVLA and he went quiet in the end.
I've sold clothes to people who haven't paid and used ebay's back ups but got nothing back.
99.9999999% of ebay is automated - hence the reason it's so hard to get them to do anything.
[Edited by fatherpierre - 11/18/2003 11:36:59 AM]
I've been on both ends re buying and selling:
Bought a car after contacting the seller by phone and email before end of auction. He lied about the car's mileage, condition and MOT (it was a fake MOT cert!). He tried to do all the ebay threat stuff - nothing came of it. I said I'd grass him up to the DVLA and he went quiet in the end.
I've sold clothes to people who haven't paid and used ebay's back ups but got nothing back.
99.9999999% of ebay is automated - hence the reason it's so hard to get them to do anything.
[Edited by fatherpierre - 11/18/2003 11:36:59 AM]
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