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how does buying a car off ebay work?
when they say cash on collection.. what happens if you see the car and don't like it or there's a problem with it not mentioned in the ebay listing?
Do you have to buy the car if you are the winning bidder? |
If its not as described you can usually walk away
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Legally there is no binding contract to buy the car (offer to treat / chaffer, acceptance / consideration) .......simply walk away but I guess they can post negative feedback...
Shaun |
It's usually best to view the car before bidding on it as ebay sellers can stretch the truth sometimes. I went to look at a type r that was supposed to have a few stone chips and car park dents. When I got there and saw it, fcuk me it looked like it had been in a destruction derby.
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Originally Posted by Midlife......
(Post 10547722)
Legally there is no binding contract to buy the car (offer to treat / chaffer, acceptance / consideration) .......simply walk away but I guess they can post negative feedback...
Shaun Sellers can no longer leave negative feedback. |
Originally Posted by kingofturds
(Post 10547730)
Sellers can no longer leave negative feedback.
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Originally Posted by Midlife......
(Post 10547722)
Legally there is no binding contract to buy the car (offer to treat / chaffer, acceptance / consideration) .......simply walk away but I guess they can post negative feedback...
Shaun I thought it was ? From Ebay Remember, a bid is a legally binding offer to buy a vehicle at whatever price the auction reaches, up to your maximum bid amount. If you are the winning bidder, you are legally obliged to pay and non-paying may cause the seller to take legal action. For more information, read eBay's User Agreement. If you are interested in a Classified Ad listing, you cannot bid on that item. Instead you can contact the seller to get more information and express an interest in buying the item listed |
Originally Posted by pimmo2000
(Post 10547866)
I thought it was ?
From Ebay Remember, a bid is a legally binding offer to buy a vehicle at whatever price the auction reaches, up to your maximum bid amount. If you are the winning bidder, you are legally obliged to pay and non-paying may cause the seller to take legal action. For more information, read eBay's User Agreement. If you are interested in a Classified Ad listing, you cannot bid on that item. Instead you can contact the seller to get more information and express an interest in buying the item listed its doubtfull that you actually lost anything if they do not buy so no =t much you can do in a court of law |
it is a binding contract, there is companies who can chase you up though how much power they have?. as a rule if they are far away and its an expensive item, i ask questions then ask some more questions then keep a record...always best to have a look yourself...but if you have his emails in your hand and as an example he has stated even something simple like tyres are as new and they have 4mil then you can walk away with no comebacks as legally its not as described....i wouldnt worry about neg feedback it means nothing when its compared to buying a lemon...my own rule is...1 if they dont answer questions they obviously have something to hide!...2. tell them you want to view and do they object to 40 mins test drive and 40 mins looking over the car...if they try to rush you explain that you asked in advance for 2x 40 mins...theres some genuine cars on ebay but theres a ton of pups...
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Originally Posted by salsa-king
(Post 10547707)
when they say cash on collection.. what happens if you see the car and don't like it or there's a problem with it not mentioned in the ebay listing?
Do you have to buy the car if you are the winning bidder? An auction is an auction - and it makes no difference if youre buying a cheap item on eBay, a house at a property auction or a vehicle at BCA or on eBay - your bid is binding and anything you wish to do to clarify the items condition should be done before you bid. |
Originally Posted by Scooby Soon!
(Post 10547891)
try and find some court cases to go with that!
its doubtfull that you actually lost anything if they do not buy so no =t much you can do in a court of law As with a lot of private sellers on eBay I get a little more than annoyed when people win items and then refuse to pay (for whatever reason). Under UK law when someone wins something on eBay they form a legally binding contract to purchase that item. This if needed can be enforced very easilly and at minimal cost. For example recently I listed my car on eBay, the car had an engine fault so I described it as having a large clicking sound and said that I thought it was serious but the bidders SHOULD inspect BEFORE bidding. As per normal on eBay none did and the car was sold at £1550. A guy then came to view the car, after 5 minutes said 'no sorry I do not want it' it is more of a knocking than clicking. I told him that I had had enough of non-payers on eBay and that I may take action to enforce his bid, he should have inspected the car, asked me a question or even asked me to send the noise in an email, he said 'sue me' so I did and less that a week later he collected the car and paid £1670 (£120 court fee) and this is how I did it. Firstly tell the person in writing either by email or letter that if they do not pay for the item you will issue a summons, then if they do not pay go to... Money Claim Online (Seach in Google as eBay will not let me display the link) this is run by the government and is a simple way of issueing a county court summons. You have to pay a fee (from £30 up depending on amount claimed) that is added to the summons. 72 hours later the summons lands on the buyers doorstep and then 95% of people pay straight away in fear of court. If they do not then simply request a court date (this again is done online) you go to the court on your allocated day (solicitors costs not allowed) and fight your case. There is one simple fact to remember, the buyer had formed a legally binding contract to purchase the item, PERIOD. Even if they argue what is for sale was different than described or spec etc. they have no rights to use that as a defence (Claims that the item is 'not fit for purpose etc is only dealt with by Trading Standards and the OFT, not the court) Under UK law they must (100%) complete the contract. Any court in the land has to follow this principle and find in your favor. Once they have paid and received the goods they could then reject the goods as 'not fit for purpose' etc but they have to have evidence. I have used this now 4 times and won each and every time, only 1 went to court and the defence was chucked out. I discovered this when I was taken to court by a fellow member for not completing on a £50 item, I refused to add the Paypal surcharge of 5% that the seller had added, I claimed to the court that it was against eBay rules, they found against me and forced me to pay (legal contract!) even though it was against eBay policy to add a surcharge (I should not have bid!) This was the one and only time I refused to pay for an item as I thought it wrong about the surcharge, thus I discovered that it was an irrelevant defence. For those of us who describe correctly and get annoyed at 'tyre kickers' this is the answer, it is easy and will work. Advise for all buyers on eBay, remember your bid is a contract and is easilly enforcable, only bid if you intend to buy. I have had a great time on eBay and I look after everyone that buys and sells with me, however I am one that does not get taken for rides, I use the law and so should everyone! Good Luck all, I hope this was of use to you. |
Dont be a **** and waste the sellers time. Go look at the motor and bid on it what youre willing to pay.
How would you feel selling a motor that someones bidding on, never seen the car and piss you about come the exchange of the reddies? |
That's pretty interesting. You could basically get a rolling shell with no engine. Advertise it on ebay as 'Good bodywork, but not run in a while....buyer should inspect', some mug puts a bid in believing it is a runner and has to buy? lol
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Originally Posted by pimmo2000
(Post 10547980)
:wonder:
If you wanted to claim the court would want you to mitigate your losses so you would not be able to sue someone for £10,000 if they did not pay for your auction but you may be able to sue them for £1 if the next time you sold it you only managed to get £9999. |
Originally Posted by pimmo2000
(Post 10547866)
I thought it was ?
From Ebay Remember, a bid is a legally binding offer to buy a vehicle at whatever price the auction reaches, up to your maximum bid amount. If you are the winning bidder, you are legally obliged to pay and non-paying may cause the seller to take legal action. For more information, read eBay's User Agreement. If you are interested in a Classified Ad listing, you cannot bid on that item. Instead you can contact the seller to get more information and express an interest in buying the item listed Mart |
Originally Posted by davegtt
(Post 10548082)
Dont be a **** and waste the sellers time. Go look at the motor and bid on it what youre willing to pay.
How would you feel selling a motor that someones bidding on, never seen the car and piss you about come the exchange of the reddies? Not that I'd happily buy a car which was not correctly described, but I would be sensitive of the fact that I shouldn't waste seller's time for something as petty as an ant size scratch on the bumper or a decal glue marking, either. What if I were a seller, hmm? I won't appreciate if someone bids and wins my ex pride and joy, and then rejects it upon finding some non-issue fault with it. I'd tell him/her to get off my drive ASAP before I lose it with that person.:mad: Then I will leave a sh!tty feedback for him/her. Then again, seller should describe the car as honestly as possible. If they miss out on describing it well enough, what do they expect? Buyer is not going to part with the money for something that bears some substantial defect, which wasn't mentioned in the listing. They would leave a sh!ttier feedback for you. Buying and selling is not just about what the law says. There are some good business ethics, which good people will abide by; law or no law. One doesn't have to be a power seller, and care for one's rep for that. Even as a private seller or a one-off seller, its good to be good. Then its good all round. Otherwise, what goes round comes round, before you even know it. I wouldn't buy a car on Ebay for I like to be sureshot with most things, not suspended in a limbo with the doubt "is it as good as they say, or is it not :wonder:". Fcuk that, I haven't got time for that. I'd rather buy a car at motor seller's, because I can make his life hell if he has sold me a heap. But if I do come across a car on Ebay that I really fancy, I will view it before put even a penny for it, as Dave says. If I can't do that, then I won't bother. |
well seen a car on auto trader now.. private seller.. 3miles from me. might be worth checking out.
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I've bought several cars off ebay, a few of them unseen, not had an issue yet :thumb:
If it's a distance away, too far to view, do your research, question the seller on anything that concerns you and ask for more pictures if those posted are not sufficient. If they're genuine, they'll be as helpful as they can. If they're evasive, or something sounds off, just walk away. |
I have bought a few cars off ebay and twice had to walk away, one was a car with a broken gearbox described as a good runner and in one case a small dent in the back turned out to be a serious rear end smash that rendered the car unrepairable. As far as I know the description is legally binding, if it is wrong you can walk away.
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Wheeler dealers always buy their cars off eBay!
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