Sold my project car...Now the buyer wants money back!
Discussion
There are few of these stories popping up, so buyers are possibly becoming a bit more princess like in their attitudes.
A private sale is not a trade sale your are not a retailer and the vehicle is either sold as roadworthy or as spares, either way it is sold as seen, tried and tested. Tested if it is roadworthy. If the car has a known fault then this needs to be detailed on the receipt if that fault means that it would not pass an MOT then it is not roadworthy and must be sold as spares.
I’ve sold dozens of cars and motorcycles over the years and I have a saved template on my computer which essentially confirms that it is a private sale, it states the mileage and that the vehicle is sold “as seen,tried, and tested” and “no warranty is provided or implied” I print off two copies and buyer and seller both sign both copies so we have a copy each. In your case I would have made sure that the receipt clearly stated that the car was not roadworthy and was for spares only but “Sold as seen”
In your case just stop any dialogue with the buyer, he hasn’t got a case and any district judge would throw it out, so a visit to a county court may be inconvenient but I doubt he will get a judgement.
A private sale is not a trade sale your are not a retailer and the vehicle is either sold as roadworthy or as spares, either way it is sold as seen, tried and tested. Tested if it is roadworthy. If the car has a known fault then this needs to be detailed on the receipt if that fault means that it would not pass an MOT then it is not roadworthy and must be sold as spares.
I’ve sold dozens of cars and motorcycles over the years and I have a saved template on my computer which essentially confirms that it is a private sale, it states the mileage and that the vehicle is sold “as seen,tried, and tested” and “no warranty is provided or implied” I print off two copies and buyer and seller both sign both copies so we have a copy each. In your case I would have made sure that the receipt clearly stated that the car was not roadworthy and was for spares only but “Sold as seen”
In your case just stop any dialogue with the buyer, he hasn’t got a case and any district judge would throw it out, so a visit to a county court may be inconvenient but I doubt he will get a judgement.
mattyprice4004 said:
Absolute nonsense.
If you went to court using the advert from eBay as evidence, the first question would be, was the sale completed through that platform using that advert.If the answer is no, you would need to show the advert or sales information offered for the contracted sale as evidence.
I know it's a pedantic point of view, but it's relevant, you cant use a dead advert as basis for a claim.
You could also find eBay coming after you for fees as a result.
Jaguar steve said:
Tyre Smoke said:
Say absolutely nothing then. Wait for him to make the next move. If any. Which I'd bet he doesn't.
Rightly or wrongly - who can say - the buyer has a grievance with the vendor.Given the number of arrogant and entitled a
holes in society the next move may not be continuation of a Gentlemanly negotiation with regard to the goods sold and the price paid for them, it may well be a tin of paint stripper liberally applied to another of the seller's vehicles or a couple of tyres slashed instead.It may be safer to walk a middle road and simply take everything back and refund the cash, then sell to somebody else instead
It is someone who has low IQ, and buyers remorse. So they are getting all confrontational in rhe hope that what you suggest will actually happen. They are asking for £1800 because they can't afford to build the car. What makes you think they have any money to start a civil case they will more than likely lose?
Jaguar steve said:
Rightly or wrongly - who can say - the buyer has a grievance with the vendor.
Given the number of arrogant and entitled aholes in society the next move may not be continuation of a Gentlemanly negotiation with regard to the goods sold and the price paid for them, it may well be a tin of paint stripper liberally applied to another of the seller's vehicles or a couple of tyres slashed instead.
It may be safer to walk a middle road and simply take everything back and refund the cash, then sell to somebody else instead
Then the disgruntled buyer finds paint stripper over their car. And so on, possibly.Given the number of arrogant and entitled a
holes in society the next move may not be continuation of a Gentlemanly negotiation with regard to the goods sold and the price paid for them, it may well be a tin of paint stripper liberally applied to another of the seller's vehicles or a couple of tyres slashed instead.It may be safer to walk a middle road and simply take everything back and refund the cash, then sell to somebody else instead
The law is clear, follow it.
The common theme here is that the buyer sends someone else to collect, I recall the Trailer thread was the same. Anyone selling should ensure that buyers who send mates or couriers have been told that they are treated as the buyer and it is assumed they know what to collect and what state it is in, I sold winter tyres and wheels for a Q7 and I did a basic dispatch note and signed it, emailed it and told them to bring it at collection.
It’s strange how tetchy people get when you ensure no misunderstandings but it saves crap like this
It’s strange how tetchy people get when you ensure no misunderstandings but it saves crap like this
In the same way that you can make a car sound bad by listing every imperfection, you can be too helpful in stating what's included. not included, broken, etc.
I always make reference to the age of the car, that it is not new, will have imperfections and as a private seller I cannot possibly know what unknown faults might exist. I also state that any buyer should arrange for a professional inspection if they do not feel qualified to judge the condition for the car themselves. Cars in poor condition or without an M|OT are always advertised as suitable for spares or repairs. I generally don't allow people to bid on ebay unless they have viewed or I have had a prior conversation with them. No-one is allowed to bid with less than 20 decent trades and 100% feedback. All this is backed up by a receipt that is jointly signed stating that it is a private sale, that the car is sold as seen and inspected and has been tested by them prior prior to the sale. This approach has resulted in only one 'there is a fault you must have known about so I want some money back' attempt in over 50 sales. I referred that person back to the ad and the jointly signed receipt and never heard from them again.
I always make reference to the age of the car, that it is not new, will have imperfections and as a private seller I cannot possibly know what unknown faults might exist. I also state that any buyer should arrange for a professional inspection if they do not feel qualified to judge the condition for the car themselves. Cars in poor condition or without an M|OT are always advertised as suitable for spares or repairs. I generally don't allow people to bid on ebay unless they have viewed or I have had a prior conversation with them. No-one is allowed to bid with less than 20 decent trades and 100% feedback. All this is backed up by a receipt that is jointly signed stating that it is a private sale, that the car is sold as seen and inspected and has been tested by them prior prior to the sale. This approach has resulted in only one 'there is a fault you must have known about so I want some money back' attempt in over 50 sales. I referred that person back to the ad and the jointly signed receipt and never heard from them again.
Unreal said:
In the same way that you can make a car sound bad by listing every imperfection, you can be too helpful in stating what's included. not included, broken, etc.
I always make reference to the age of the car, that it is not new, will have imperfections and as a private seller I cannot possibly know what unknown faults might exist. I also state that any buyer should arrange for a professional inspection if they do not feel qualified to judge the condition for the car themselves. Cars in poor condition or without an M|OT are always advertised as suitable for spares or repairs. I generally don't allow people to bid on ebay unless they have viewed or I have had a prior conversation with them. No-one is allowed to bid with less than 20 decent trades and 100% feedback. All this is backed up by a receipt that is jointly signed stating that it is a private sale, that the car is sold as seen and inspected and has been tested by them prior prior to the sale. This approach has resulted in only one 'there is a fault you must have known about so I want some money back' attempt in over 50 sales. I referred that person back to the ad and the jointly signed receipt and never heard from them again.
Are you really a trader?I always make reference to the age of the car, that it is not new, will have imperfections and as a private seller I cannot possibly know what unknown faults might exist. I also state that any buyer should arrange for a professional inspection if they do not feel qualified to judge the condition for the car themselves. Cars in poor condition or without an M|OT are always advertised as suitable for spares or repairs. I generally don't allow people to bid on ebay unless they have viewed or I have had a prior conversation with them. No-one is allowed to bid with less than 20 decent trades and 100% feedback. All this is backed up by a receipt that is jointly signed stating that it is a private sale, that the car is sold as seen and inspected and has been tested by them prior prior to the sale. This approach has resulted in only one 'there is a fault you must have known about so I want some money back' attempt in over 50 sales. I referred that person back to the ad and the jointly signed receipt and never heard from them again.
DaveA8 said:
The common theme here is that the buyer sends someone else to collect, I recall the Trailer thread was the same. Anyone selling should ensure that buyers who send mates or couriers have been told that they are treated as the buyer and it is assumed they know what to collect and what state it is in, I sold winter tyres and wheels for a Q7 and I did a basic dispatch note and signed it, emailed it and told them to bring it at collection.
It’s strange how tetchy people get when you ensure no misunderstandings but it saves crap like this
Then again, genuine buyers often arrange for mates or contacts to pick things up from the boondocks.It’s strange how tetchy people get when you ensure no misunderstandings but it saves crap like this
Some of my most dubious sounding ebay buyers have been fine.
A couple of things, I've let the buyer change his mind and sold the item to a happy lower bidder on a 'second chance offer'.
I made £20 less, but everyone's happy.
Life is short, and sometimes flogging specialised stuff, it's a small world, sticking to your guns over £20 on ebay gets out into the real world.
But this instance sounds to me like a good example of ebay not being what it was 10 or 15 years ago. In those days, it was a great platform for enthusiasts to buy and sell among fellow enthusiasts... Too many people on the make these days. Both sellers and buyers.
Only consolation is that Facebook Marketplace is IME much worse.
jsf said:
If you went to court using the advert from eBay as evidence, the first question would be, was the sale completed through that platform using that advert.
If the answer is no, you would need to show the advert or sales information offered for the contracted sale as evidence.
I know it's a pedantic point of view, but it's relevant, you cant use a dead advert as basis for a claim.
You could also find eBay coming after you for fees as a result.
Pedantic, but wrong. You are conflating the advert with the transaction saying they have to be the same platform. The advert is there on any old platform. That's what the buyer used for the car description as did the seller. They did a deal on that basis. Inside, outside or any other side of ebay makes no difference.If the answer is no, you would need to show the advert or sales information offered for the contracted sale as evidence.
I know it's a pedantic point of view, but it's relevant, you cant use a dead advert as basis for a claim.
You could also find eBay coming after you for fees as a result.
BertBert said:
Pedantic, but wrong. You are conflating the advert with the transaction saying they have to be the same platform. The advert is there on any old platform. That's what the buyer used for the car description as did the seller. They did a deal on that basis. Inside, outside or any other side of ebay makes no difference.
They did a deal on a discussion, the interest was started by an advert on an eBay platform which was not used for the sale.jsf said:
BertBert said:
Pedantic, but wrong. You are conflating the advert with the transaction saying they have to be the same platform. The advert is there on any old platform. That's what the buyer used for the car description as did the seller. They did a deal on that basis. Inside, outside or any other side of ebay makes no difference.
They did a deal on a discussion, the interest was started by an advert on an eBay platform which was not used for the sale.jsf said:
BertBert said:
Pedantic, but wrong. You are conflating the advert with the transaction saying they have to be the same platform. The advert is there on any old platform. That's what the buyer used for the car description as did the seller. They did a deal on that basis. Inside, outside or any other side of ebay makes no difference.
They did a deal on a discussion, the interest was started by an advert on an eBay platform which was not used for the sale.jsf said:
As you did not use eBay as the sale platform, but did a deal outside the terms of the eBay advert, no doubt to screw eBay out of their fees, that advert is null and void and cant be used.
I'd think OP probably used the "Classified Ad" listing method on eBay Motors, where you pay a flat listing fee? Few people want to conclude a car sale on eBay unless it's a 99p no-reserve listing.No rebuild project comes with every single bit to finish the car. The buyer was a fool to think it was and a fool
To think you should give them back any money.
I was a recent victim of this too and it leaves a sour taste. I am sorry that you are having this too.
I have not heard from my buyer again but it is still early days. If they go legal then I have no worries about that.
To think you should give them back any money.
I was a recent victim of this too and it leaves a sour taste. I am sorry that you are having this too.
I have not heard from my buyer again but it is still early days. If they go legal then I have no worries about that.
jsf said:
BertBert said:
Pedantic, but wrong. You are conflating the advert with the transaction saying they have to be the same platform. The advert is there on any old platform. That's what the buyer used for the car description as did the seller. They did a deal on that basis. Inside, outside or any other side of ebay makes no difference.
They did a deal on a discussion, the interest was started by an advert on an eBay platform which was not used for the sale.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff