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Advice re legal contracts ebay

Hi,
I was wondering if someone would be able to give me some advice regarding my ebay transaction.

I advertised my car on there which sold, but the car I was buying is no longer available and I don't want to be without a car so I told the bidder that my car was no longer for sale and that I would unfortunately have to cancel the transaction.

I received a reply from the bidder to say that the sale was a legal contract through ebay and that I have no choice but to sell the car.

What should I do?

Thanks.
«1

Comments

  • themull1
    themull1 Posts: 4,299 Forumite
    no one can make you sell the car, but you shouldn't have had the car up for sale at the same time as advertising it on ebay.
  • cyberbob
    cyberbob Posts: 9,480 Forumite
    1,000 Posts Combo Breaker
    Ignore them there's nothing they can do. except leave bad feedback which would be justified.
  • themull1 wrote: »
    you shouldn't have had the car up for sale at the same time as advertising it on ebay.



    Why not?

    Its their car.
    Not Again
  • Your seller has drank the ebay Koolaid and believes he has genuine 'rights and stuff'

    Tell him the deals off that is your perogative. If there was a scratch on the paintwork you never mentioned I'm sure the buyer would now be pulling the 'not as described' rug from under the transaction and trying to fit your motor in a postbox
  • zenseeker
    zenseeker Posts: 4,551 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    dh50uk wrote: »
    Your seller has drank the ebay Koolaid and believes he has genuine 'rights and stuff'

    Tell him the deals off that is your perogative. If there was a scratch on the paintwork you never mentioned I'm sure the buyer would now be pulling the 'not as described' rug from under the transaction and trying to fit your motor in a postbox

    Did you even read the op? The op IS the seller
    We have removed your signature - please contact the forum team if you are not sure why - Forum Team
  • Enfieldian
    Enfieldian Posts: 2,893 Forumite
    Part of the Furniture Combo Breaker
    zenseeker wrote: »
    Did you even read the op? The op IS the seller

    Toys back in the pram please, they have obviously just typed the wrong word as they refer to the same person as the buyer later in the post......
  • suited-aces
    suited-aces Posts: 1,938 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    themull1 wrote: »
    no one can make you sell the car, but you shouldn't have had the car up for sale at the same time as advertising it on ebay.
    They hadn't.
    I'm not bad at golf, I just get better value for money when I take more shots!
  • Crowqueen
    Crowqueen Posts: 5,726 Forumite
    dh50uk wrote: »
    Your seller has drank the ebay Koolaid and believes he has genuine 'rights and stuff'

    Tell him the deals off that is your perogative. If there was a scratch on the paintwork you never mentioned I'm sure the buyer would now be pulling the 'not as described' rug from under the transaction and trying to fit your motor in a postbox
    Very cynical, aren't we.

    First off, in any commercial transaction, even on eBay, buyers do actually have legal rights, as per the Sale of Goods Act, which covers everything bought and sold in this country, particularly online "by description". So buyers can reject goods that are faulty or whatever, legally, even if bought from a private seller.

    The other issue is the issue of contracts, which on eBay can be taken to mean that the contract is accepted when the auction ends with a winning bidder (the whole reason under-18s are not allowed to use eBay is that under-18s cannot enter into legal contracts). The OP would have to sell if the item was anything other than a car, which on eBay is actually a category separate from the main area and could be a mere "expression of interest" rather than a legally binding contract.

    They don't have to sell, but the buyer has the ability to leave feedback and the OP would be wise to apologise to the buyer and explain the situation politely to try and avoid the inevitable neg.
    "Well, it's election year, Bill, we'd rather people didn't exercise common sense..." - Jed Bartlet, The West Wing, season 4

    Am now Crowqueen, MRes (Law) - on to the PhD!
  • macfly
    macfly Posts: 2,728 Forumite
    It doesn't matter what the item is, car or not, the seller does not have to sell. Seems crazy, given the other protections in place.
  • there are far too many 'internat barristers' on ebay - and here sadly.

    Apologise for their inconvenience and move on. If they keep pestering then either report them to ebay for harassment, or post them a sharon osborne special.
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