Buy it now, when is a contract made?

RFW

You probably do have a contract and it probably is legally binding. You need to know why the seller backed out.
You can take the seller to court, you may win a case, you may never receive any money. There are lots of ifs and maybes and a whole lot more time to tie up by going down a court route with no likelihood of a clear outcome for you.
Being right and being annoyed doesn't always help.
Personally I'd report to Ebay and then let it go.

gringobble

Just to add in reply to Mrs Hall, the link you gave to e-bay links through to consumer direct- this is actually the crowd I have been speaking to (they are part of CA).

For anyone in doubt, Consumer Direct's page states that a contract is in place if (among other things) "there was something being offered in exchange for the promise (usually money)"; an offer to pay is not the same as actually paying. (I had put a link in but MSE won't let me post links- the page can be found by following Mrs Hall's link)

gringobble

In reply to RFW- Thanks for your response, the seller says that the restoration will cost too much (30k, 33k, then later, 40k) and that this was not what I was expecting so he has decided not to sell to me, he then offered me a fully restored vehicle for 10k, 3k more than its market value!

This is codswallop especially being as I will do the project myself, and he cannot predict the eventual cost (certainly not that much, possibly as much as 3k, but more like 1-2k), even if it was relevant.

I suspect in fact he has sold the vehicle elsewhere.

It costs £60 to claim for losses up to £1000 through small claims online.

RFW

gringobble wrote: »

It costs £60 to claim for losses up to £1000 through small claims online.

If the seller defends, it then costs more to actually go to court. Win or lose you may never see a penny. Strongly consider how much you have actually lost (this is what a judge will do) and then see if it's worth a further gamble to get it back.

cootuk

So it's consequential loss rather than loss of bargain.

A lot would depend on the time between the "buy it now" and when they said they weren't going to sell, and what the seller could reasonably expect you to do in that time period.

If it was only a day or two then would it be reasonable for you to have racked up hours of research, arranged couriers, and workshop space?
I guess a court would want to see the terms for collection of the vehicle, and also the contract for the workshop (if it's verbal only then the seller could argue you are trying to stiff them for compensation). What is the consequential loss for the farmer? Possibly zero if it was an unused space?

If this went to court then you would really need a lawyer with expertise in contract law, and it might also depend if you bought this in a business or private capacity.

verybigchris

gringobble wrote: »

...I contacted seller to say that given the terms I would pay the next week, but in case he had any concerns I would pay a deposit in the meantime. He agreed to this straight away, but when I asked him to invoice/ raise a paypal bill for the deposit (I offered 200£) I received nothing. The next day he tells me he has changed his mind about the whole sale...

Apologies if I'm reading it wrong, but does this mean there was only one day between you buying the item (or at least, clicking Buy It Now) and the seller changing his mind?

gringobble

Hi very big Chris, no, it was more like three days. I "bought" the vehicle, but the payment screen said I would need to contact the seller for an invoice, there was no payment option. The invoice arrived the next day. I received the reply agreeing on deposit/ balance the day after, the following day I received the message saying seller had changed his mind.

Thanks, RFW, I will look in to the full costs in light of your advice.


Three working days consists of up to 30 hours for me, depending on the job, but as stated, I spent about 10 hours in total. The folder of information I have amassed would show this if necessary.

Through a friend of a friend I went to see a suitable space, so the farmer at least spent an hour of his time- I should make a gesture and I do plan to if this does all fall through, even if it is at my own expense.

In reply to the post about personal/ business, my restoration would undoubtedly increase the value of the vehicle, it would then have been my asset and I could turn a profit if I sold it on. Of course, this potential loss is practically impossible to estimate. If I have to make a claim I would not try to claim for potential losses, just something for the time and expense so far. Ideally I will get the vehicle off of the seller.

campdave

For the sums you're talking about, it's not reasonable to expect free advice from strangers on the internet. If you are going to go down the legal route, you need to get proper advice. Whilst people on here will be offering you advice with the best of intentions, you've no idea if what you are told is correct (with no disrespect to those offering advice).

gringobble

campdave, you are right. My original question was to find out whether e-bay have any info to suggest when, according to them, a contract is made in a buy it now sale. Mrs Hall pointed me in the direction of a statement on ebay's website which seems right. I haven't asked for advice about making a claim, the rest of the conversation seems to be questions and answers about the detail, but I have been happy to listen to the other perspectives. In this case, I can't fault the advice that Consumer Direct have been giving out, free of charge. they have told me to write letters and what to include so I would recommend them to anyone facing a similar problem. My intention is to show the seller that I will pursue the matter if necessary, but I hope it won't come to that.

glentoran99

http://pages.ebay.com/help/policies/non-binding-bid.html

All bids made in the Real Estate and eBay Motors vehicles categories are considered non-binding.