ebayer buyer - complaining
ebayer buyer - complaining
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Discussion

sshenton1975

Original Poster:

805 posts

251 months

Wednesday 31st August 2011
quotequote all
Hello All

Need your advice please - just sold a classic car on ebay at what I believe was a fair price. On the description I stated that there was some corrosion on sills and that although the car was in overall excellent condition, I firmly stated it was NOT concours and that there were bits and pieces that could be done to improve the car

The eventual buyer never asked me any questions in writing or by phone prior to bidding. On collection, the buyer paid cash and had the opportunity to look around the car - they did not bring a mechanic to inspect the car

I also add the car has 7 months MOT left and no advisories

The buyer has now contacted me (2 weeks later) to say she has taken the car to a specialist who has given her a long list of issues which need correcting - there is apparently some floor corrosion (which I would not have known about as I dont have a hydraulic ramp!) and other bits like worn front disks, cracked number plate !!, slight play in wheel bearing, etc There is also a dent in the petrol tank and the start of corrosion apparently on this also, with evidence of weeping!

If the car had been concours, I would have been asking £5000K. As it was it went for just over half of that!

As a good will gesture I have offered her £100 cheque to pay for a new petrol tank. I stated that at no time did she ask me any questions, inspect the car prior to purchase etc. She is saying that I should have given a fairer description of the car and that by saying it was in "excellent" condition, despite admmitting to some corrosion and improvements needed, I have misrepresented the car

Following my offer of £100 she has written "she will get back to me" - what do you guys think? Should I send her off with a flea in her ear. Since the MOT 5 months agom, the car has done less than 100 miles. Her "specialist" is saying that there is no way the car should have passed without advisories at the very least!

Your comments please


dudleybloke

20,553 posts

216 months

Wednesday 31st August 2011
quotequote all
if the car was as described tell her to ps off.


SLacKer

2,622 posts

237 months

Wednesday 31st August 2011
quotequote all
'Buyer Beware' or is it 'Beware of Buyers'

Don't pay her a penny she had plenty of opportunity to inspect the car before payment. How do you know any of what she said is genuine and the 'Mechanic' is not just looking for his next expensive repair job.

sshenton1975

Original Poster:

805 posts

251 months

Wednesday 31st August 2011
quotequote all
This is the issue - I did not state all of the niggles the specialist has uncovered as I genuinely did not know about them. I just trust my MOT guy for the underneath

I described the car as "Overall, it is excellent. However it is NOT concours and there are various bits and pieces that can be improved of you desire"

Where do you think I stand? Could she try small claims?

sinizter

3,348 posts

216 months

Wednesday 31st August 2011
quotequote all
Private sale, you described it as best as you could. Buyer beware.

In the case of 'Bay, beware of buyers.

MagicalTrevor

6,481 posts

259 months

Wednesday 31st August 2011
quotequote all
I don't think you have ANY obligation to give her anything, legal, moral or otherwise. She had the chance to get it checked BEFORE buying it and never. Buyer beware!

However if you really did sell it for £2500K (£2.5million) then £100 is a bit tight. wink

sshenton1975

Original Poster:

805 posts

251 months

Wednesday 31st August 2011
quotequote all
I agree - the car is an MG Midget and she has taken it to an MG specialist!! Of course he will list everything, right??!

Pain the arse.....

E31Shrew

5,963 posts

222 months

Wednesday 31st August 2011
quotequote all
Never ceases to amaze me! Bid sight unseen on a motor, pick it up and then take to a 'specialist' I wouldn't give her a penny..unless your ad intentionally covered up any faults. I expect more qualified bods will be along shortly however!

sshenton1975

Original Poster:

805 posts

251 months

Wednesday 31st August 2011
quotequote all
No unintentional cover ups - honestly. Been reading the law and it looks a bit ambiguous - apparently i have an obligation to provide an accurate description which she is now saying i did not.... sigh................

sinizter

3,348 posts

216 months

Wednesday 31st August 2011
quotequote all
I think offering her any money will make her feel that you are guilty of something, hence folding over easy - and go for more.

Torquey

1,957 posts

258 months

Wednesday 31st August 2011
quotequote all
You should not have this hassle. Its classic car FFS.

I had something similar years ago after selling to friend if a friend.
They said their mechanic told them it was a death trap and should never have passed Mot. i felt obliged to buy it back.

I sold it on to someone else (without Mot) and they were over the moon. Passed first time.

She will be talking rubbish. She has just realised it's maybe not the car for her. Tell her to get stuffed.

dudleybloke

20,553 posts

216 months

Wednesday 31st August 2011
quotequote all
tell her that as a mint one is 5k and she paid half that she should only expect it to be half as good as a minter.

or offer to buy it back for 1500!

Johnboy Mac

2,666 posts

208 months

Wednesday 31st August 2011
quotequote all
E31Shrew said:
Never ceases to amaze me! Bid sight unseen on a motor, pick it up and then take to a 'specialist' I wouldn't give her a penny..unless your ad intentionally covered up any faults.
+1

Actually OP the only thing you've done wrong is by offering her money back.

sshenton1975

Original Poster:

805 posts

251 months

Wednesday 31st August 2011
quotequote all
Thanks guys - Ill keep you updated!!

PumpkinSteve

4,250 posts

186 months

Wednesday 31st August 2011
quotequote all
sshenton1975 said:
No unintentional cover ups - honestly. Been reading the law and it looks a bit ambiguous - apparently i have an obligation to provide an accurate description which she is now saying i did not.... sigh................
You can't be expected to dismantle a car just to check for small faults in order to describe it accurately. Dent in fuel tank and cracked number plate, are they really big problems? She could have spotted the number plate herself without a mechanic.

will_

6,035 posts

233 months

Wednesday 31st August 2011
quotequote all
Why did you describe the car as "excellent" even though it had rust? Surely that's asking for trouble?

Tuvra

7,926 posts

255 months

Wednesday 31st August 2011
quotequote all
I had a similar problem, sold a CLS, buyer moaned days later that there was a rumble coming from the back wheel, on inspection, there was a bubble on the inside wall of the rear Tyre, he wasn't happy as the Tyre was £295. I never heard the rumble so never felt the need to get the car up on the ramp and inspect, he obviously didn't hear it on Test drive either or he wouldn't have coughed up and drove the car away

LuS1fer

43,517 posts

275 months

Wednesday 31st August 2011
quotequote all
Pretty much buyer beware on a private sale. Ebay does give a better opportunity to describe the car but nevertheless, you're not a mechanic and have acted in good faith and priced the car accordingly and she had every opportunity to inspect it.

If she took it to the small claims court, she would have to prove to the court that it was more likely than not that you have misrepresented the car and armed with concours cars selling at twice the price, I doubt she would getr anywhere (nor can she prove she didn't dent the fuel tank herself).

Finally, it's a very old car so age-appropriate defects are going to arise and she has a duty to inspect the car herself. Too many people want a concours car and cut corners thinking they can buy a car and do it up and then find they can't.

I would give her nothing.

KingNothing

3,341 posts

183 months

Wednesday 31st August 2011
quotequote all
Give her nothing, sold as seen, you haven't missrepresented anything, you mentioned the problems and faults you knew about, they had ample chance to test drive it, and have it inspected prior to handing over any money and driving it away.

98elise

32,628 posts

191 months

Wednesday 31st August 2011
quotequote all
Its a classic car ffs!

If I bought a 5 year old mondeo those sort of "issues" would be reasonable, on a classic they sound like very minor things.