HELP Sold car on eBay - Buyer unhappy!

scheming_gypsy

Tell them to sling it as it's unlikely they'll get anywhere if they take legal advice.

As a private seller you sold a car with no warranty and sold as seen. The buyer came, inspected the car and accepted its condition and drove it off perfectly happy. They were well within their rights to reject the car before paying for it as they were under no obligation to buy it if it wasn't as described.

A few years ago me and a couple of friends sold a speed boat and had a similar issue where the buyer got it home and then took it for a service. The next thing I know i'm getting messages from him that it needs a new engine and he wants £xxx back towards it, but we'd been using it for a couple of years with no problems so knew he was trying it on.
After a few mails I got a recorded delivery letter sent informing that he'd take legal action if it wasn't resolved by *whenever* and included details of legal advice that he'd been given. I replied telling him that I'd taken legal advice myself and was informed that as he'd been to see the boat, inspected it, fired it up and checked it over before handing over the cash; he'd accepted that he was satisfied with the condition of the boat and happy to go through with the sale.
A few days later I got an email informing that he'd passed my letter onto the CAB / whoever he was getting his advice from and they'd confirmed that I was correct and he accepted the boat in that condition and wasn't entitled to any refund.... (there was nothing wrong with it anyway).

So in short, your buyer came to see your car and said 'yep, it's acceptable and i'll take it'.

pendulum

scheming_gypsy wrote: »

So in short, your buyer came to see your car and said 'yep, it's acceptable and i'll take it'.

Your experience has little relevance though because you were not accused of, and did not, misdescribe the boat in any way. The issue in this thread is the advert with the mileage discrepancy.

If I sold something on eBay, a kettle new in box for example, and the buyer came to collect, I couldn't hand over a sealed box with a brick inside and when the buyer gets home say "Sold as seen - you had the opportunity to inspect!". The goods must match the description.

Buying Privately

If you buy from a private seller, e.g. a car or other goods from the small ads in the local paper, the law gives you fewer rights than if you buy from a trader. In such circumstances, goods only have to be as described

cyclonebri1

OP, did you actually tell the buyer you mis listed the mileage??

I take it not. So if it was me as the seller I would certainly feel morally obliged to offer a refund of the value difference between the mileages.
If I was the buyer I would expect the above.

With regard to some comments even though this is moneysaving, you can't simply throw honesty and fairness out the window.

You made a mistake, the buyer made a mistake, you gained, he lost.

1 word, conscience, ;)

pendulum

cyclonebri1 wrote: »

OP, did you actually tell the buyer you mis listed the mileage??

Post # 13

casper_g

gemma1585 wrote: »

...I told the buyer that I had made an error with the mileage.... I don't have any written proof however....

Was the mileage on the V5 they signed? Is there any way you can get a copy of that, if it would help prove they knew the correct mileage when they took the car?

scheming_gypsy

pendulum wrote: »

Your experience has little relevance though because you were not accused of, and did not, misdescribe the boat in any way. The issue in this thread is the advert with the mileage discrepancy.

If I sold something on eBay, a kettle new in box for example, and the buyer came to collect, I couldn't hand over a sealed box with a brick inside and when the buyer gets home say "Sold as seen - you had the opportunity to inspect!". The goods must match the description.

Very true, although there's the argument that between the advert being done and the buyer complaining (we only have 'recently' to go off), the mileage would have increased..
Also that the mileage isn't that difficult to spot, unlike a mechanical error or a bulb that's been removed to hide something. With the mileage you start the car up and look at the console to make sure there's no lights that shouldn't be on, you check the petrol and then you'll look towards the mileage every time you check your speed. So there is / could be, a grey area surrounding it being accepted with that mileage

gemma1585

casper_g wrote: »

Was the mileage on the V5 they signed? Is there any way you can get a copy of that, if it would help prove they knew the correct mileage when they took the car?

Casper! Yes! The mileage was on the V5 that the buyer signed. We discussed my mistake when filling out the V5.

Thank you all again for your comments. They are most appreciated! I understand that I made a mistake with the ad - simply one typo (the mileage was only written once). I accept full responsibility. When I noticed this I made every effort to inform the buyer when they came to collect the car, hence why I feel I'm getting a raw deal here. If I deliberately hid this from the buyer then of course I'd be more than willing to offer some money back but this was not the case.

In terms of the damage to the car - the close up photographs showed it all! What more can I do? From the initial messages received from the buyer this was their main issue and not the mileage mistake.

Overall the buyer was happy with the discrepancy in mileage from the ad and the condition of the car prior to handing over any money and driving away.

Thank you all again. I have been very upset and distressed by the buyers messages, and feel like I've sold them nothing more than a bag of scrap metal. Your messages are all very reassuring.

EDIT: I've since contacted the DVLA and they informed me that solicitors can access the original V5 document if required.

gemma1585

scheming_gypsy wrote: »

Also that the mileage isn't that difficult to spot, unlike a mechanical error or a bulb that's been removed to hide something. With the mileage you start the car up and look at the console to make sure there's no lights that shouldn't be on, you check the petrol and then you'll look towards the mileage every time you check your speed. So there is / could be, a grey area surrounding it being accepted with that mileage

This was the case - the buyer inspected the dash and the mileage was pointed out to them.

gemma1585

rodenal wrote: »

you pointed out the mileage discrepancy to the buyer before completion on what (I assume, perhaps wrongly) is a low value vehicle anyway .

I know this doesn't have any relevance on the complaint, but if anyone is interested:

Comparing like for like sales on eBay the buyer got a bargain.

Compared with like for like on Autotrader...well, the difference is almost double what the buyer actually paid.

I was offered slightly less (£50) than what the buyer paid as part of a trade-in for my new car.

Gavin83

It's a tough one. I do feel that if this went to court they'd likely win as the difference is quite significant and you've no proof you informed them of the difference. Im not sure a boyfriend would count as an independent witness and besides they could invent one if it suited them.

How important is negative feedback to you?

You could call their bluff and offer a refund, if they want the car they'll avoid this. You could also just offer them a token amount to make life easy, how much did the car sell for?