car purchase problem

jazzy

I purchased a car through ebay auctions over the weekend.

It was a model that I was after and was listed with air conditioning fitted and ABS brakes. I was very happy with the car and it's condition and thought I had a bargain!

But I have now found out that the car is not fitted with air conditioning or ABS brakes which was stated on the listing! The price that I paid was way over the market price of the car because of this. I emailed the seller and informed him of the errors in the listings but he has not replied.

If the purchase was local there would be no problem I would just take the car back. So it looks like I am stuck with the car!

The seller has a 100% feedback rating, so what would should I do?

maniac886

You could ask for some sort of refund, then if you are not happy with the car after a few months sell it on?

freddysmith

Pull his contact details which will include a phone number from ebay, and have a polite conversation with them about this. Although its a minefield with buying used cars from a private seller, you may have to go to court if you feel you have a strong case.

http://search.ebay.co.uk/ws/search/AdvSearch?sofindtype=9

Hintza

To be honest this is not an Ebay problem. Buying cars from non dealers is really caveat emptor at the best of times. cars are normally sold as seen and when you collected it you should have checked these things.

In saying all that I would be phoning him up and asking what he propses to do, you might need professional advice on this.

Good luck.

Blacksheep1979

Hintza wrote: »

Buying cars from non dealers is really caveat emptor at the best of times.

not entirely you are covered under the sale of goods act with private sales - the goods in question must be as described, something which this car isn't.

Hintza

Blacksheep1979 wrote: »

not entirely you are covered under the sale of goods act with private sales - the goods in question must be as described, something which this car isn't.

You might be right, but this is private sale and I am not convinced, that is why I suggested professional advice.

With a car potential buyer goes along and inspects car ensures they are happy with it and then pays and leaves. If I was the seller the buyer would have signed a receipt stating bought as seen.

Every second hand car is NEVER as good as its sopposed to be!!!

Blacksheep1979

Yes, but if it has specifically been described as having abs (something not easily checked for) then the goods have been misdescribed and you are covered under the sale of goods act. The air-con on the other hand should have been very obvious that it wasn't there and infact would have been one of the things that should really have been tested to see if it needed regassing etc.

Def covered under the sale of goods act but maybe a little dubious on the aircon front - all depends as Hintza says wether or not the OP signed a receipt saying sold as seen, tried and tested.

jazzy

I have had a reply from the seller it's just an apology for what's happened. The seller is a dealer, his feedback are all car sales. I have requested a partial refund to reflect on the proper market value of the car, but it looks like he is not willing for this.

The car was fitted with an A/C button on the dash, but what I found out later that it should have had a sticker over this button on non A/C models. I asked the seller when I tried the car out if the air conditioning was working and he said that it probably needed a re-gas, which is no big deal! The wording of the Ebay listing "Air conditioning (and yes it works well)"

I did not pay any more attention to this. Don't think most people would check if it's fitted with A/C pumps etc and ABS.

I honestly don't think that the seller was aware that the car was not fitted with A/C & ABS. But at the end of the day I am the one out of pocket because of his errors. It would have been nice to be offered a refund of some kind.

I think the only option now is negative feedback and put it down to bad experience!:mad:

Blacksheep1979

Nope you can proceed through the small claims court if they aren't willing to refund you or give a reduction in the costs - personally I wouldn't throw away a large chunk of cash for someone elses fault (or maybe lies).

Hintza

Ah..It's a dealer.

Whole different ball game now, blacksheep is correct go for it. I would suspect tjough that he assumed it had ABS and made an honest (read lazy) mistake. But you might wnat to check the model when it was made and the standard equipment levels at that time.

That doesn't excuse the dealer though he should do something for you if not my first port of call would be the "honestjohn" website for more advice.