Ebay car dealer with a massive list of caveats!

[Sonofabeesting]

Hi

I am looking at a cheap second car and came across this. Looking at his list of caveats he is trying to get out of any responsibility for the car.

Worrying is the fact that he is appearing to say you have leave positive feedback before he will let you take the car off!

Also saying that the car might not be fit for purpose, of satisfactory quality or as described!

This must hold no legal water at all?

http://www.ebay.co.uk/itm/FORD-PUMA-MILLENNIUM-1-7...

[falkster]

And that's probably why he's not sold a car - he may actually think its him covering his back but all its doing us putting off any potential buyer.

[KrazyIvan]

not sure how he can demand positive feedback BEFORE you have collected the car. Also I am not sure you can simply negate the sale of goods act by saying the car is not guaranteed fit for purpose.

Report him to e-bay and see what they say about the feedback bit.

[Darkslider]

Love the fact he's going to hold buyers hostage until they leave him positive feedback on his computer. That one puts me off without looking at all the rest!

[mrmr96]

If a buyer reads all that and still decides to buy from that dealer then... well that's up to them isn't it? I know what I'd do.

[uncinquesei]

So a buyer has to have at least 10 positive feedback but he has 0. Right. Best bit is the "happy bidding" right at the end after all the disclaimers and conditions.... :-)

[Chrisw666]

THE WINNING BIDDER WILL BE ASKED TO LEAVE FEEDBACK IMMEDIATELY AFTER PAYMENT HAS BEEN RECEIVED AND BEFORE THE VEHICLE LEAVES THE PREMISES.

So if I win the auction and hand over my money I take legal ownership of the car, what offences will he be committing by not handing over the keys or by not letting me go on my way?

Not that I would the bloke sounds like an utter fking helmet and one that shouldn't be let near a PC never mind car sales.

[XDA]

Is the seller implying there's more wrong with it than he's letting on (and they want no part of it), hence the list of strict terms and conditions and the fact positive feedback must be left before leaving with the car?

uncinquesei said:

So a buyer has to have at least 10 positive feedback but he has 0. Right. Best bit is the "happy bidding" right at the end after all the disclaimers and conditions.... :-)

Thats the best bit about the advert!

[C.A.R.]

Sounds reasonable to me.

PayPal / eBay make selling things such a royal pain in the ass that I'm not surprised that he has stipulated those terms before agreeing a sale. Even then, if he got a f*ckwitted buyer eBay would still side with them, no matter how black and white the seller makes things in their listing.

/just been done over by eBays frankly absurd 'buyer protection scheme'

[Ozzie Osmond]

Sonofabeesting said:

This must hold no legal water at all?

Correct. If he's a dealer the car has all the usual implied warranties - qualified by age, mileage etc.

However, it's one thing to have "rights" but quite another to get a "remedy" if things don't work out.

I wouldn't buy from someone like that. If you do, make sure you have your eyes wide open and your wallet tightly closed!

[surveyor]

When I sell a car on Ebay, I list it honestly and make it clear that the buyer is welcome to walk away.

Oddly I get bids, and have never had an issue yet.

I'd run away from this dealer.

Ebay auctions are not binding anyway - it's in Ebay T&C although, I'm not sure how the wording of the add changes that.

[john2443]

"FULL PAYMENT IS REQUIRED AT END OF AUCTION VIA PAYPAL", only mobile jumbers are given, photo is taken on an anonymous industrial estate.

So, someone is selling a car, appearing to be a dealer, not giving a warranty, not giving a landline, not showing a photo identifying his premises and wants all the cash by Paypal before you go and collect the car.

Walk away from the car OP (unless he will give you a landline, his address and take cash on collection and accept his legal responsibilty under sale of good act and stop advertising like a tt)

[s_zigmond]

Ozzie Osmond said:

Correct. If he's a dealer the car has all the usual implied warranties - qualified by age, mileage etc.

However, it's one thing to have "rights" but quite another to get a "remedy" if things don't work out.

I wouldn't buy from someone like that. If you do, make sure you have your eyes wide open and your wallet tightly closed!

Is this still the same in an auction situation (something I have often wondered, but never found out)? I know the DSR dont count for an auction.

[TITWONK]

lol! demanding bidders have a feedback of 10 or more, this tit only has 36 him self! It is safe to say I would avoid at all costs! if you don't like ebay sell it somewhere else

[Ozzie Osmond]

s_zigmond said:

Is this still the same in an auction situation (something I have often wondered, but never found out)? I know the DSR dont count for an auction.

At a real auction there is no warranty (unless written into your contract with the auctioneer) because auction sale is not considered a sale to a consumer. So far as I am aware selling on ebay does NOT qualify as an auction. Ebay just connects buyers and sellers. At a real auction you buy from the auction house itself, not the previous owner.

Dodgy dealers will try to use get-out wording on ebay for two reasons,
1. To avoid Sale of Goods Act warranties (merchantable quality etc), and
2. To avoid the Distance Selling rules (where basically you can demand your money back within 7 days)

[Contigo]

I have read all of them and mostly agree with them, it covers himself against the usual muppets who use Ebay to buy cars and are simply time wasters. For £400 honestly what do you expect of an ad and the car?

I see nothing other than the feedback demand that I personally wouldn't make clear on any auction I would make.

There are too many time wasters and this guy has been burnt before. The 10 bidder/feedback minimum is pretty standard rules these days.

[BFG TERRANO]

It's like this:
It's a heap of sh+t and the seller doesn't want to see it or you again.

It's amazing how many (people I know also) buy lethal old heaps from lie bay and expect a peach for pennies. This guy sounds harsh but you know where you stand.
If you don't like it walk by.

[johnoz]

Seller has a Total of 9 cars for sale, they all start at a £100. Probably better to scrap them all

[steebo888]

im sure this is against ebays terms and conditions, feedback is optional and with a car sale the winning buyer should be able to check the car matches the description so a test drive and check should be normal.

i have sold 2 private cars on ebay and on both times let the buyer have a 15 min test to make sure they are happy.
as he has a few cars listed he cannot be a private seller as per his ebay account so his breaking rules there

all the buyer is doing is making it harder for himself to attract buyers. he only has a low score and no trading histroy for the last 12 months so hes in no position to make all these demands

[Jaroon]

I would not deal with this seller but the last car I bought off ebay was advertised with similar caveats (no mention of feedback or payment before the car was seen though).

I'm fairly sure the advert put off many buyers and I got quite a bargain (I can now say after 3 months of ownership touchwood etc). Seller did have 300ish sales with about 4 bad feedbacks.