Ebay item sold buyer wants refund help!!!!

rachaelc_2

Hi All,

Dunno if i have posted this in the right place but ill give it atry anyway!!

My partner has sold his car privately on ebay on 30th April 2006

On the listing he stated what problems there was with the car and ehat has been done to the car since he has had it.

When the seller can to look at the car he brought his friend (who he siad was a mechanic) they looked at the car and found 2 additional things that we wrong with the car, so my partner took some more money off the selling price.

My partner gave him the reciepts for all the the work that had been done and also all the required document.

The buyer has now sent a letter (6 weeks after purchasing the car) stating that he has sought legal advice and will be entering the case into small claims court to obtain a refund for the car and the costs of the repairs he has had to pay for. However, as far as my parnter is concerned, he has done everything correct, we understand that the only obilgation that the seller has is to list the item truthfully, which is what he has done, and it is up to the buyer to check that the car matches the description.

One of the items that he has listed that he has had to replace is the drive shaft, which we ourselves replaced in December 2005 (and provided the receipts to the buyer)

He also stated that the oil in one specific part has dryed up so he has had to replace something in it and is wanting to charge us for it.

Can any one please advise on this?

frivolous_fay

Sounds like he's trying it on. I don't think he'll get far, but I'm no expert on car selling.

rachaelc_2

Thank you, your making us feel better already - we have spoken to my friennd who used to work at the CAB and a Car Salesman/mechanic and both have said they believe he doesn't have a leg to stand on but i wanted you guy's opinion!!

Murtle

Did you keep any of the reciepts just to back up what you had done? I know I wouldn't but may be useful if you can prove it. However, I do people it falls under "buyer beware" so it is upto them to ensure they want to buy it and check they are happy with it.

Good luck
x

geo555

This is from the BBC Watchdog site about privately bought cars

https://www.bbc.co.uk/consumer/guides_to/car_private.shtml

The vehicle must still be 'as described' but that's where your legal protection ends.
If you buy a car that breaks down the minute you get it home, you may not have any legal comeback - unless for instance, the owner described it as 'just passed MOT' when it clearly wouldn't have passed.

cookiemonster25

my brother was in a similar position even got a solicitors letter, but thats where it ended second hand cars are seen as sold when sold privately according to TS

rachaelc_2

Murtle wrote:

Did you keep any of the reciepts just to back up what you had done? I know I wouldn't but may be useful if you can prove it. However, I do people it falls under "buyer beware" so it is upto them to ensure they want to buy it and check they are happy with it.

Good luck
x

Unfortunately my partner gave the buyer all the reciepts however didnt keep copies, but all have been paid for on a card and we can easily obtain copies of invoices from the garage, and all garages keep copies of the work completed so that shouldn't be a problem to get hold of them.

rachaelc_2

geo555 wrote:

This is from the BBC Watchdog site about privately bought cars

https://www.bbc.co.uk/consumer/guides_to/car_private.shtml

The vehicle must still be 'as described' but that's where your legal protection ends.
If you buy a car that breaks down the minute you get it home, you may not have any legal comeback - unless for instance, the owner described it as 'just passed MOT' when it clearly wouldn't have passed.

Everything my partner put on the ebay listing was exactly as the car was, it struck me that it has taken the buyer 6 weeks to get in touch about this, and he even left positive feedback about 2 weeks after he brought the item!!

All the details for MOT and everything were given.

Im starting to feel a bit better about this now - was worried that we didnt have a choice in the matter but give a refund, but looking on here and the internet, we seem pretty safe!!

Murtle

rachaelc wrote:

Unfortunately my partner gave the buyer all the reciepts however didnt keep copies, but all have been paid for on a card and we can easily obtain copies of invoices as repairs were done by a family friend, and all garages keep copies of the work completed so that shouldn't be a problem to get hold of them.

That should be fine then, just because it was bought on ebay makes it no different to buying from the local paper. It is up to the buyer to ensure they are happy with what they are buying. The fact they left positive feedback suggests they were happy with it and 6 weeks later well to me it sounds like they are trying it on.

Good luck and I hope it doesn't get dragged out for too long.

x x

chirpy007

Dont fall for all that old carp !!!!!!!

bleugh

ebay car sales aren't legally binding, they're pretty much a 'reservation' system

the buyer, when they turn up has every opourtunity to pull out of the sale (and of course get a neg, and a strike from you for doing so)

they've no rights here so don't worry about it, it's been 6 weeks now since purchase, you'd be lucky if a garage offered 28 days on a sold as seen sale let alone 6 weeks