Refund Faulty Item

gwelydon

I recently sold a bike on ebay which I described as in good condition for its age (maybe 30+ years old) apart from some rust patches and a back tyre that needed replacing. A week or so after the buyer picked the bike up from me, she contacted me saying that a bike shop had told her that the bike was in a really bad state, and asked me for a refund. I was horrified by what she described - cracked frame etc, so I agreed to a refund immediately.
I was unable to receive the bike on the first day that she suggested that she wanted to return it, and now after another fortnight or so, she's contacted me asking if she can bring it back next week, but wanted me to contribute to her petrol costs. We live about 60 miles apart. I'm quite new to ebay selling so I just wanted to know if this is the norm when it comes to refunding faulty items (that you didn't know were faulty in the first place!)?
I'm also new to this forum, so apologies if I'm asking a completely ridiculous question!

jacksons_mum

it was sold as seen, she should have checked it over properly. you dont have to give a refund (im presuming she paid cash on collection) but if you do she will have to return it at her own expense. i wouldnt pay her petrol money.
how much did she pay for it? if it wasnt much maybe you could suggest it would be cheaper for her to resell it on ebay. tell her she can use your description and photos.

gwelydon

She paid about £70 for it. Your idea about asking her if she wants to sell it on herself is a good one, as it might save us both time & money - thanks a lot!! Would you offer a partial refund, or just let her get on with it?

Premier_2

As jacksons mum said, I wouldn't offer any refund. This is a 30+year old bike. I would say you sold it in good faith. It was sold as seen, subject to any description you provided. The buyer obviously saw it before parting with the cash/accepting the bike.

Only when the bike was examined by an expert was a latent defect uncovered.

If I were the seller, I would not offer any refund, in part or in full.

I'd caution against offering any advice to the buyer such as re-selling it. As the buyer is now aware of the defect, such a defect should be disclosed to any potential new buyer.

Perhaps the only advice you could safely give to the buyer is to suggest they seek independent legal advice on what the term 'caveat emptor' means

shellsuit

Sold as seen.

No need to refund or even enter communication with her.

gwelydon

Thank you all for your advice - the whole 'sold as seen' thing has been bugging me for weeks now, but when she asked me to consider contributing to petrol costs this morning I started to wonder if my good nature was being abused! Off to have a think about how to word that email now...

BaileyB

Sold as seen if she came and seen the bike before giving you cash thats her fault. NExt time recommend she brings someone with her

gwelydon

Sorry to bump this thread, but I'm in a pickle. I retracted my refund offer for the bike, in a bit of a temper to be honest, as I was so annoyed by being asked to pay the buyer's petrol costs.

She then emailed me, and was very insistent that she couldn't afford the petrol costs . I just wanted to sort it out, so I offered her half of her money back, and told her there was no need to return the bike. Even though she's said that she believes that I described the bike to the best of my ability, she's opened a dispute with ebay without even replying to my partial refund offer. She now wants me to refund her in full and collect the bike!

In a dispute situation, what powers do ebay have? She paid in cash after inspecting the bike, and removing the front wheel herself to fit it in her car. Obviously I think I'm in the right anyway, but ebay seem to side with the buyers these days, judging by the feedback rules!

soolin

If paypal find in her favour she will need to send the bike back to you tracked anyway, so will be worse off than if she had taken your original offer.

Premier_2

The buyer can make whatever claim they want through ebay.

Of course you should defend any claim made.

Whatever ebay ultimately decide, the good news for you is that there is nothing ebay can do to force you to make a refund.

Premier_2

soolin wrote: »

If paypal find in her favour she will need to send the bike back to you tracked anyway, so will be worse off than if she had taken your original offer.

I think you made the same mistake as I originally did, missing this vital piece of info

gwelydon wrote:

...She paid in cash ...