Ebay Sale

John1282

Hi all
Not sure if I've posted this in the right section but here goes. I had a car up for sale on ebay a couple of months ago at a fixed price or best offer. Coming up to the end of the listing I received two offers, I opted for the best one and sent a message and invoice to the ebay user. I heard nothing back, and despite sending several messages, and ringing the buyer at home and leaving messages they did not respond to me. I ended up having to raise a case with ebay, wait whilst ebay tried contacting the buyer, then ended up having to relist the vehicle. I then had to move the car to a storage unit as it couldn't be parked outside my car, then when it finally sold I had to let it go for far less than the original buyer had agreed to pay for it as the existing mot had expired by the time the new buyer took it. Has anyone ever had any success taking an ebay buyer to court for not paying for or collecting an item?

AdrianC

You don't have a hope.

If you'd ended up selling it for more, would you have sent the drop-out buyer some of that nice bonus?

John1282

Selling it for more isn't the issue. The ebay user placed an offer, I accepted it. They then didn't pay for or collect the car, or make any attempt to reply to any of my messages or calls. This led to me incurring costs because they didn't collect the vehicle and I had to store it elsewhere as the mot had expired. And when I eventually found another buyer the car had devalued. I appreciate ebay are a bit reluctant to chastise wayward members but surely there is cause for redress through the small claims court?

Quentin

Don't embark on the cost of court action without getting proper legal advice on your chances.

You pay all court fees in advance and only get those back if you win and the loser can pay.

You would be losing more money!

AdrianC

Quentin wrote: »

Don't embark on the cost of court action without getting proper legal advice on your chances.

The NWNF solicitors have already given adequate advice.

Quentin

AdrianC wrote: »

The NWNF solicitors have already given adequate advice.

Which nwnf sols offer to take on cases like this?

AdrianC

Quentin wrote: »

Shock nwnf sols offer. to take offer to take on cases like this?

If they thought there was the faintest chance, they'd be returning his calls.

John1282

I wasn't planning on using a solicitor. I've already issued a letter of notice to the buyer, I was trying to get a bit of feedback as to whether anyone else has dealt with a case like this.

AdrianC

OK, so the buyer ignores your letter of notice.
You're going to issue a claim in court? Small claim, I presume?

Let us know how it goes, won't you?

Quentin

John1282 wrote: »

I wasn't planning on using a solicitor. I've already issued a letter of notice to the buyer, I was trying to get a bit of feedback as to whether anyone else has dealt with a case like this.

This is a moneysaving website.


You do need legal advice! (Moneysavers wouldn't be wasting their time and money suing over a failed ebay sale!)

kmb500

In theory you are correct, the offer is legally binding and they must pay you & you provide the item as described. So, he broke that by not doing the transaction - and then you got rid of the car anyway, i.e. you have broken your end. The purchase agreement is no longer valid.



Take it to court and he could equally try to sue you for not selling the car to him at the agreed price!

What would you expect to get in court? Theoretically he should legally have to purchase your car. But this isn't possible as you've sold the car anyway so he can't do that. The fact you chose to not chase him up sufficiently and instead decided to sell it elsewhere, is not his problem.


I am not a lawyer but it seems pretty straightforward to me...