Buying a car from a dealer via eBay auction

[anonymous-user]

Straightforward question, if I was to buy a car via eBay auction and the seller was a trader, would I still be protected in the same way as if I'd bought it by a classified advert? Or am I essentially going into it the same as a private sale?

Cheers all

[TheEnd]

Same as turning up at the yard.

In quite a few cases, they are classified ads, the same as you'd see in the Autotrader. Anything like it being an auction only works out the same as meeting the guy and haggling for a price.

[andburg]

IANAL but I wouldn't expect where the car is advertised would probably make no difference though the seller might try and say otherwise.

I take it the seller is registered with the auction site as a business?

If you win an auction and the item is not as described you don't have to go through with the purchase.

[petrolbloke]

Depends...

If it's an MOT failure with a knackered engine advertised as for spares/repair then no.

If it's advertised as roadworthy and sold at market value then you should have some comeback if you discover shortly after purchase that the car is a lemon.

I would always do a thorough inspection of a car at a dealer and a test drive before handing over any cash though.

Got a link to the car?!

[anonymous-user]

Yeah they're registered as a business seller, "trade cars ****" so totally open and honest about what they're doing. I've asked why it's up on an auction while some other cars are on classified adverts, they said they have too many cars at the moment and are just trying to shift some. The cars got full service history, appears to be a well looked after car but I wasnt sure what would happen if I drove half way home and the gearbox dropped out.

[anonymous-user]

petrolbloke said:

Depends...

If it's an MOT failure with a knackered engine advertised as for spares/repair then no.

If it's advertised as roadworthy and sold at market value then you should have some comeback if you discover shortly after purchase that the car is a lemon.

I would always do a thorough inspection of a car at a dealer and a test drive before handing over any cash though.

Got a link to the car?!

Item number 201433658465

Sold as a fully working car, pictures are a bit naff, I'm not expecting it to be freshy and valeted as per a forecourt car, it was more the comeback as you say, if it turns out to be a lemon.

[andburg]

Advertised from his house rather than a forecourt would put me off, as would the bid to buy line but I don't trust people!

[petrolbloke]

Looks like someone selling cars from home - Google Streetview of the address listed at the bottom of the ad ties up with the pictures.

From that type of dealer I'd expect to pay between private 'good' price but less than 'retail' price - though of course it all depends on the condition as well as the age/mileage.

The advert is pretty light on details so I would still ask the usual questions and get a HPI check to avoid any nasty surprises.

[anonymous-user]

andburg said:

Advertised from his house rather than a forecourt would put me off, as would the bid to buy line but I don't trust people!

I thought about that but then I was thinking if I was knocking out crap cars and shaking responsibilities I'd not want to be doing it from my house. The bid to buy line is unprofessional but on the flip side, having dealt with selling my Octavia recently I can understand it to a degree.

[kiethton]

I always thought that if a car was sold by a trader via an auction (eBay should count if in an auction format) that the fit for purpose/SOGA business to customer implied warranty for the transaction does not apply so in effect you'll be purchasing the car under the same standing as if buying from a private seller, subject to accurate description etc.

NB. I am not a lawyer and the above is just what I've always been told and understood when buying/selling

[petrolbloke]

Have just done a bit more searching - his address matches that of a disqualified director Nick Morley (Nicholas Patrick Morley):

http://www.pistonheads.com/gassing/topic.asp?t=112...
http://www.bbc.co.uk/news/uk-england-bristol-32031...
http://www.jaguarforum.com/showthread.php?t=76063
http://wck2.companieshouse.gov.uk/dirsec

I think it would be quite a coincidence that someone would be selling used Jaguars from the same address 6 months after someone at the same address was disqualified for fraud involving selling used Jags.

Edited by petrolbloke on Monday 21st September 18:08

Edited by petrolbloke on Monday 21st September 18:28

[anonymous-user]

petrolbloke said:

Have just done a bit more searching - his address matches that of a disqualified director Nick Morley:

http://www.pistonheads.com/gassing/topic.asp?t=112...
http://www.bbc.co.uk/news/uk-england-bristol-32031...
http://wck2.companieshouse.gov.uk/dirsec

I think it would be quite a coincidence that someone would be selling used Jaguars from the same address 6 months after someone at the same address was disqualified for fraud involving selling used Jags.

Ahhh, email on their facebook page is listed as 'TMorley@*****'.

Nice detective work Petrolbloke

[petrolbloke]

Posting address & contact details here for future search engine listings...

John Horn
Midway House
Paulto Hill
Bath
Avon
BA3 2XS

07578 607124
[e-mail]

[andburg]

Also seems a disolved property investment co was registered there aswell, the director of that was director of 5 other now dissolved companies.

The name on the ebay listing does not match anyone on the electoral roll at that postcode!

Prev secretary at Tenerife inviestments was anglea horn and the director was Michael John vicary...John Horn could be a false name?

Smells rather fishy!

Edited by andburg on Monday 21st September 18:26

[anonymous-user]

Just checked again, it wasnt his email but his 'website' that gave him away

http://tmorley38.wix.com/trade-cars-bath

Shame theres not a forum for good/bad traders, the majority of the cars I've been looking at seem to be for sale at these sole trader types, it's tricky finding much info on them.

[andburg]

I'd guess Tmorley is John Son based on this inane nonsense

http://tmorley38.wix.com/cactisforyou#!contact-us

appears to have a comment fro ma teacher telling him to do his work!

[boyse7en]

kiethton said:

I always thought that if a car was sold by a trader via an auction (eBay should count if in an auction format) that the fit for purpose/SOGA business to customer implied warranty for the transaction does not apply so in effect you'll be purchasing the car under the same standing as if buying from a private seller, subject to accurate description etc.

NB. I am not a lawyer and the above is just what I've always been told and understood when buying/selling

From teh 1st October, the 2015 Consumer Rights Act comes into force, which gives right to reject etc. but...

"Most of the rights under the Act do not apply to goods, including vehicles, which are second-hand and bought at a public auction, where the consumer has an opportunity to inspect the goods in person (not simply online)."

Now, to me that sounds like you would still have recourse to the CRA as buying via eBay doesn't give you the chance to inspect the goods in person.. But it might be that once you have had the opportunity to inspect the goods (ie on collection) that the CRA is no longer available to you.
IANAL and all that, but if you are nervous I'd steer clear.

[johnfm]

TheEnd said:

Same as turning up at the yard.

In quite a few cases, they are classified ads, the same as you'd see in the Autotrader. Anything like it being an auction only works out the same as meeting the guy and haggling for a price.

Not quite.

It isn't a sale on the premises - so distance selling obligations apply to the trader (and e-bay sales are not classes as auctions for the purposes of the legislation IIRC).

[northwest monkey]

andburg said:

I'd guess Tmorley is John Son based on this inane nonsense

http://tmorley38.wix.com/cactisforyou#!contact-us

appears to have a comment fro ma teacher telling him to do his work!

WTF is that?

[cars1993]

its an auction so usually its sold as seen But with eBay you can back out say if you go to see the car first. If the receipt reads "SOLD AS SEEN OR SPARES OR REPAIRS" then there's no comeback regardless of the price