eBay; item sold & 1 month later buyer claims defective

edited 30 November -1 at 1:00AM in Ebay, Auctions, Car Boot & Jumble Sales
17 replies 2K views
rtz62rtz62 Forumite
6 Posts
Hi,
Hope I can get some advice.
Sold a trolly jack on eBay, the auction ended when it was sold for the buy it now price of £95.
Purchased came to collect and I explained that I am seriously ill and would not have need of the jack which had been bought for me recently as a gift.
It had been out of the box to check it (checked by a friend of mine and was obviously as new)
The purchaser was given opportunity to check it worked properly and test it but was just happy to load it into his van, paid cash and left.
I have just received a message saying it is faulty in that it only lifts to half it’s max lift height and he needed to top it up with oil.
He now wishes to return it and obtain a refund.
Bearing in mind that it was sold, (and bought, I guess) in good faith, and he was given the opportunity to test it, where do I stand?
My first inclination was to accept the jack back and refund the money, but I’m wondering if I am being scammed, and am therefore I’m thinking of not agreeing to anything until I’ve checked the legalities.
I spent 27yrs in the Police and feel I have my head screwed on properly but as I dealt with crime, not civil stuff, I’m a little in the dark.
I’m hoping that I get replies based on the legal basis rather than personal opinion.
Many thanks in advance.
«1

Replies

  • mrcol1000mrcol1000 Forumite
    4.8K Posts
    Part of the Furniture 1,000 Posts
    ✭✭✭✭
    If they paid cash then they have no comeback. They checked and they were happy with it. After a month you have no idea if they broke it or general wear and tear is responsible.

    If they paid by Paypal then you most likely would have to accept the return.
  • Hi mrcol1000, thanks for the reply.
    Yes it was cash and he was here for around 3/4hr so had ample time.
    My first thought is that caveat emptor applies, he should satisfy himself that it was all correct.
    I didn’t mis-describe it or claim it to be something it wasn’t.
    My eBay feed back is and always has been 100% (though that means nothing to eBay from what I read)..
  • PunPun Forumite
    740 Posts
    I've been Money Tipped!
    A disappointed buyer is not the same thing as a scammer. It may well be that the item doesn't perform as he had expected (although why having to top up the oil indicates it is faulty is beyond me!), but if it was sold on the basis 'sold as seen' - and he had plenty of time to have a good look - and he paid cash, it's unlikely in the extreme that he has any comeback.

    Before responding to him, do just check what your listing says about returns - it isn't unknown for the wrong box to be ticked.
  • mrcol1000mrcol1000 Forumite
    4.8K Posts
    Part of the Furniture 1,000 Posts
    ✭✭✭✭
    rtz62 wrote: »
    Hi mrcol1000, thanks for the reply.
    Yes it was cash and he was here for around 3/4hr so had ample time.
    My first thought is that caveat emptor applies, he should satisfy himself that it was all correct.
    I didn’t mis-describe it or claim it to be something it wasn’t.
    My eBay feed back is and always has been 100% (though that means nothing to eBay from what I read)..

    I wouldn't worry about feedback. If they do leave bad feedback then a calm response to it would probably satisfy the rare buyers who check a sellers feedback.
  • George_MichaelGeorge_Michael Forumite
    4.3K Posts
    Tenth Anniversary 1,000 Posts Name Dropper
    ✭✭✭✭
    rtz62 wrote: »
    I have just received a message saying [STRIKE]it is faulty in that it only lifts to half it’s max lift height and he needed to top it up with oil[/STRIKE] that he has finished the repairs on his vehicle and no longer has any need for a jack.
    He now wishes to return it and obtain a refund.
    Just my opinion and I may be totally wrong.
  • PunPun Forumite
    740 Posts
    I've been Money Tipped!
    mrcol1000 wrote: »
    I wouldn't worry about feedback. If they do leave bad feedback then a calm response to it would probably satisfy the rare buyers who check a sellers feedback.

    I think you'll find feedback is important to quite a lot of buyers...it is to me and a straw poll of friends indicated that they all check feedback before buying.
  • The buyer has now probably finished restoring his car or whatever and so wants his money back for the free hire.

    I would not be communicating with this person any further.

    Ooops - George Michael beats me to it from beyond the grave.
  • edited 25 January 2018 at 8:12PM
    Debbie_SavardDebbie_Savard Forumite
    430 Posts
    ✭✭
    edited 25 January 2018 at 8:12PM
    Unfortunately, cheaply made jacks do 'sink' when under the load of car, I had one such from Amazon and returned it as faulty.

    Unless you've actually tried it holding the weight of a car, I'd err on the side of refunding even though as cash-buyer collecting he'll have zero chance with Ebay to get a refund so you're under no obligation to.
  • LisbonLisbon Forumite
    415 Posts
    I've been Money Tipped!
    Unfortunately, cheaply made jacks do 'sink' when under the load of car, I had one such from Amazon and returned it as faulty.

    Unless you've actually tried it holding the weight of a car, I'd err on the side of refunding even though as cash-buyer collecting he'll have zero chance with Ebay to get a refund so you're under no obligation to.

    So why refund? Not the seller's fault. Suggest he contacts the manufacturer and pursues it with them. If they are reputable and they've had other complaints, they might just play ball...although obviously no guarantee.
  • soolinsoolin Forumite, Board Guide
    67.9K Posts
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    ✭✭✭✭✭✭
    Lisbon wrote: »
    So why refund? Not the seller's fault. Suggest he contacts the manufacturer and pursues it with them. If they are reputable and they've had other complaints, they might just play ball...although obviously no guarantee.

    The buyer ought from the seller though, not the company.
    I'm the Board Guide for the Ebay Board , Charities Board , Dosh & Disability , Up Your Income and the Local MoneySaving-England board which means I volunteer to help get your forum questions answered and keep the forum running smoothly. However, do remember, board guides don't read every post. If you spot an illegal or inappropriate post then please report it to [email protected] (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com
    New to Forum? Guide
This discussion has been closed.
Latest MSE News and Guides

Energy price cap could be extended beyond 2023

New plans have just been announced by the Government

MSE News

Cheap contents insurance for tenants

DON'T assume your landlord covers you

MSE Guides

Summer sizzlers round-up

Incl £2ish sun cream & £1.50 disposable BBQs

MSE Deals