Not happy with purchase

pulliptears

terra_ferma wrote: »

That may be OK in the ebay world, but not the real world. Out there it's called fraud and the seller can take you to court.

The 'real world'? I think perhaps you may need to take a little look out there too because I'd love to see that get as far as a court when seller cannot prove delivery. As buyer would return sofa to the purchase address there is nothing to answer to in a court.

What is there to answer to exactly? Can you see the hilarity? So 'seller' do you have the sofa you sold? Yes?


If it's a private seller and it was an auction, as far as I know it's sold as seen, not covered by guarantees.

There is no such thing as sold as seen, your rights cannot be limited. The item you buy has to match its description.

If you are not prepared to take the risk don't buy from auctions from private sellers, but from proper businesses. If you want something second hand and cheap then you need to inspect it properly when you buy.

And by the same token a seller should accurately describe the item they sell. I.E. if the arm of the sofa is broken they should put that in the description. With the best will in the world some items cannot be 100% inspected before buying. Thats where consumer rights come into play.

As people often say on these boards, if you are a seller don't let people collect and pay by paypal as they can get their money back through a false claim.

And if seller is stupid enough to sell a faulty item then refuse a refund....

terra_ferma

pulliptears wrote: »

And if seller is stupid enough to sell a faulty item then refuse a refund....

You are saying that the seller cannot prove delivery, you ARE confusing the world of eBay with the real world. Even if they can't prove delivery in the eyes of ebay, in the real world messaging stating that they are not happy with the sofa would prove that the buyer has received the goods. + potentially witnesses, etc.

If the buyer has the sofa and get their money back saying that they have not received it, that is fraud. It may not be according to eBay, but it would be in the real world, as I said.
If they take it back, the seller potentially could still take action claiming the sofa was not damaged when the buyer picked it up, but it was when it was taken back + cost of ebay/paypal fees for the sale etc.

As far as I know if you buy from a private individual and you have had the opportunity to inspect the goods the item is sold as seen (and as described). It's not the same as buying from a business.

If someone can prove me wrong quoting relevant sources, they are welcome, I'm not claiming that I'm always 100% rights, as private-to-private selling is not my area of expertise, however just attacking my post does not prove that I'm wrong, I'm afraid

pulliptears

terra_ferma wrote: »

You are saying that the seller cannot prove delivery, you ARE confusing the world of eBay with the real world. Even if they can't prove delivery in the eyes of ebay, in the real world messaging stating that they are not happy with the sofa would prove that the buyer has received the goods. + potentially witnesses, etc.

And in the real world the buyer could also prove that the seller has recieved the goods back, it works both ways. Believe me if buyer dumped sofa on sellers front porch and claimed INR it would not come to court in any way simply because nobody has incurred any losses other than a few pounds FVF, which in theory buyer could tack a fiver on to the sofa to cover. What do you think seller could sue for? They sold a sofa and now have it back? :rotfl:


If the buyer has the sofa and get their money back saying that they have not received it, that is fraud. It may not be according to eBay, but it would be in the real world, as I said.
If they take it back, the seller potentially could still take action claiming the sofa was not damaged when the buyer picked it up, but it was when it was taken back + cost of ebay/paypal fees for the sale etc.

Not going to happen. Going to court for costs of a few pounds? It would be thrown out as vexatious if it ever got that far!

As far as I know if you buy from a private individual and you have had the opportunity to inspect the goods the item is sold as seen (and as described). It's not the same as buying from a business.

You have rights with a private sale, sold as seen cannot limit those rights, even stating that can in some cases breach Unfair Contract Terms legislation. Its more difficult to enforce granted, but for one in this instance if sofa was described as in good condition then buyer found the arm falling off they can take them to court under the misrepresentation act 1967 for starters.

If someone can prove me wrong quoting relevant sources, they are welcome, I'm not claiming that I'm always 100% rights, as private-to-private selling is not my area of expertise, however just attacking my post does not prove that I'm wrong, I'm afraid

"Sold as Seen" used for a private sale does not negate the legal requirement whereby the description of the goods must be honest.

Private sales aside, as I said nobody is going to court over a returned sofa which I suspect was sold for well under £100.