Sold car on ebay - buyer wants money back

arcon5

spacey2012 wrote: »

VAT would have been payable if this was the case.

spacey2012 wrote: »

Unless it was VAT margined, it was a private sale, all commercial vans are only exempt for VAT if sold by a private individual.
So, hard luck to the buyer, he had the option given to reject the sale but decided to re-negotiate the price.
Had he found it was just a £5 thermostat would he called you about the £195 he had negotiated wrongly ?
He bought the van in a private sale, it is his van now.

Assuming he is VAT registered that is. And even if he is and didn't charge VAT that doesn't necessarily make it a private sale.
The simple fact is it was a work van, thus an asset of the business - even if op is the business.


Although doesn't really change the fact the guy knew there was a fault and this formed part of the 'description' - thus, goods conform to contract.

markfj

well I have sent him an email, stating that he and the mechanic came to look and chose to buy the van knowing there was a fault and at a reduced price.

Definitely not trying to rip him off, we lost money on the van anyway and just wanted rid, but by doing so openly and honestly. I put it all in writing so we have that for any future emails as im expecting he will try take it further.

Appreciate all your views and help

neilmcl

arcon5 wrote: »

Assuming he is VAT registered that is. And even if he is and didn't charge VAT that doesn't necessarily make it a private sale.
The simple fact is it was a work van, thus an asset of the business - even if op is the business.


Although doesn't really change the fact the guy knew there was a fault and this formed part of the 'description' - thus, goods conform to contract.

Also doesn't change the fact that it was still a private sale.

George_Michael

neilmcl wrote: »

Also doesn't change the fact that it was still a private sale.

Not if the catering van was a business asset.
http://webjcli.ncl.ac.uk/1999/issue3/macdonald3.html

IMO, there is something that doesn't quite add up here.

Firstly the OP states that they bought the van a couple of months ago and paid to have the overheating problem sorted out

We only bought the van ourselves a few months back and we had issues with overheating, we had it fixed by a mechanic our end

Then the van was owned, operated and sold by the OP's father:

my dad was working as self employed but working through us and he was the registered owner/seller. The business didnt employ him or buy/sell the van

Then the OP states that he lost money on the van and wanted to get rid of it:

Definitely not trying to rip him off, we lost money on the van anyway and just wanted rid, but by doing so openly and honestly

The OP clearly stated that the van was being used for business purposes and if it was sold by that business (even if through a third party, it is still a business transaction.

markfj

George_Michael wrote: »

Not if the catering van was a business asset.
http://webjcli.ncl.ac.uk/1999/issue3/macdonald3.html

IMO, there is something that doesn't quite add up here.

Firstly the OP states that they bought the van a couple of months ago and paid to have the overheating problem sorted out



Then the van was owned, operated and sold by the OP's father:



Then the OP states that he lost money on the van and wanted to get rid of it:



The OP clearly stated that the van was being used for business purposes and if it was sold by that business (even if through a third party, it is still a business transaction.

I will clear up whatever needs clearing up

The van was my dads van, I was just an additional driver.

We, as a family lost money on the van, the business didnt loose money on the van as it was run as mentioned by my dad on a self employed basis. My dad isn't computer clued up so I posted in on Ebay and am posting here

Nothing suspicious going on

How it works as a business asset im not sure, thats why I wanted to get peoples opinions here first I honestly didnt think of it as a business asset I just figured it would be a private matter

wealdroam

Does it really matter whether it was a private sale or a business sale?

As Arcon says, the buyer accepted that there was a fault and the price was adjusted accordingly. The goods conform to contract.

It is also extremely likely that the buyer was also a business, so any talk about inherent faults, six months after sale, etc. will lead nowhere.

earthstorm

markfj wrote: »

it was run as mentioned by my dad on a self employed basis.

the clue is self employed basis (sole trader) so it was run as a business for business purposes so was therefore a business asset.

but i agree the buyer accepted that there was a fault and the price was adjusted accordingly. The goods conform to contract.

markfj

Sorry to have confused anyone

If I had known what I do now, we'd would probably have taken further ourselves with the previous seller, truth I thought my dad paid cash, tested it and was fine only until driving home - our fault

Whether they knew it was faulty or not i dont know, but its the same siutation here

CoolHotCold

Putting the point of Business sale aside (it really doesn't matter anyway in this case)


It doesn't fall under distance selling regulations as it was purchased on location.
You can't return it under any sort of SoGA (be it a private sale or business) because the fault was known at time of sale.
And you don't need to accept returns for change of mind.

Jakg

eBay won't get involved in a motor sale, irrespective of feedback (this never matters anyway with disputes).