Sold as Seen advice

DaisyDoo2024

Morning,

A mobility scooter has been donated to the charity I work for and assuming the safest way to sell it would be ebay.  I'm worried about scam, eg the payment being taken back but also I need to correctly word the advert to show that its sold as seen.  In good working order and excellent condition.  So I really dont want anyone coming back after they have ridden around on in for two weeks then say it doesnt work.  Can you help please?

the_lunatic_is_in_my_head

Hello OP

The guidance notes on the Consumer Rights Act (CRA) state:

Subsection (2) makes clear that a trader is a person acting for purposes relating to their trade, business, craft or profession. It makes clear that a trader acting through another person acting in the trader’s name or on the trader’s behalf, for example a trader which subcontracts part of a building contract or a company for which the employees make contracts with customers, is liable for proper performance of the contract. A “person” is not just a natural person but can also include companies, charities and arms of government (and the reference to a “person” can also include more than one person). So where these types of body are acting for purposes relating to their trade, business, craft or profession, they are caught by the definition of trader. Subsection (7) makes clear that a ‘business’ includes the activities of government departments and local and public authorities, which means that these bodies may therefore come within the definition of a trader. Not-for-profit organisations, such as charities, mutuals and cooperatives, may also come within the definition of a trader, for example, if a charity shop sells t-shirts or mugs, they would be acting within the meaning of trader.

So you may well be obligated to abide by the CRA with regards to satisfactory quality (which includes durability) but does consider the price paid (so you probably wouldn't expect a second hand scooter to last as long as new one and the price would reflect this). Any defects should be stated and if not but then discovered the CRA gives the consumer the right to a remedy. Ultimately in terms of the CRA the term "sold as seen" has no bearing, it would be void as an unfair term and likely viewed as misleading which is a breach of the CPRs. 

Being scammed is a separate issue and the best way to avoid this is to sell direct, perhaps advertise on Facebook or similar for a local sale. 

If you can list such things as a Classified Ad on eBay their Money Back Guarantee doesn't apply, if you can't and sell it as "normal" then the following are excluded from the Money Back Guarantee for SNAD

Items collected by a third party on behalf of the buyer

The buyer arranged their own delivery method, such as a courier pickup

The item was sent to another address after original delivery

but getting eBay to abide by this isn't always straightforward. 

Payment being reversed by the buyer with their bank is a separate matter, covered here:

https://www.ebay.co.uk/help/selling/getting-paid/handling-payment-disputes?id=4799

We don't often hear much about chargebacks on eBay but if it is for SNAD they are very hard to defend and eBay will do little to ensure the goods are returned.   

soolin

As above, you can’t do a distance sale ‘sold as seen’ especially not in the course of a business. Best to sell it at a face to face outlet. 

DaisyDoo2024

Thank you both for such good advice.