eBay buying rules
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Discussion

CAPP0

Original Poster:

20,881 posts

233 months

Wednesday 6th February 2013
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I've seen it quoted on here that if you buy a vehicle via eBay and when you turn up to collect, it's not substantially as described, then you can walk away, reputation and feedback profile intact.

Is this in fact true, or is it internet mythology. I've just had a search but found nothing definitive.

Reason for the question is that I intend to purchase something in the near future, on a budget of c. £3k, but there's a dearth of them locally and I can't be travelling 100 miles time after time to check every one I'm interested in.

marshalla

15,902 posts

231 months

McSam

6,753 posts

205 months

Wednesday 6th February 2013
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The non-binding bid policy only applies to classified ads, not auctions - not sure on the exact terms but yes, you can walk away from not-as-described motors.

MysteryLemon

4,968 posts

221 months

Wednesday 6th February 2013
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Ebay reputation and feedback means f-all to just any anyone that uses it. If the car isn't as described, tell them so and walk. Don't buy a car incase someone says you are a nasty person on THE INTERNET! eek

But yes, as above. The seller can't force you to buy something. They can't take you to court for not paying for what you bid for. All you will get is an email from ebay saying you have an unpaid item strike on your account and the seller will probably leave you negetive feedback, which you can do in return aswell, stating that it wasn't as described.

Why not just email the seller, go have a look before the auction ends and make them a sensible offer? If they accept, win - win for both parties as they will avoid fees and you get a car on your terms. If not let them pay their £40 final valuation fees.

Edited by MysteryLemon on Wednesday 6th February 16:57

MX7

7,902 posts

204 months

Wednesday 6th February 2013
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"Certain eBay listings involve non-binding bids, such as items listed in Property and eBay Motors classified listings"

I think that's the important bit, although given that Ebay only seem interested in protecting their Buyers, I doubt that it'd be much of a problem backing out of an auction either.

CAPP0

Original Poster:

20,881 posts

233 months

Wednesday 6th February 2013
quotequote all
Interesting, thanks. I had picked up on the classifieds vs auction point, but then with the link above I found this:

eBay Link said:
Policy overview

Certain eBay listings involve non-binding bids, such as items listed in Property and eBay Motors classified listings. A non-binding bid isn't a formal contract between the buyer and the seller, but it does represent a buyer's serious interest in buying the item. Insincere bidding isn't allowed on eBay.
However that then goes on to discuss the seller's position if a bid isn't followed through.

Ref going and looking first, that's just my point - I've done so three times now on vehicles within 50 miles*, and would in principle do so again, but there are not many of what I want within that radius, and so I have the choice of waiting until something comes up, which is a piece-of-string question, bidding without seeing, or taking loads of time out to schlep around the country on wild goose chases!

*Outbid on one at very silly money, the second wasn't suitable, and the third one, I spoke to the seller, agreed to meet him where the car was stored, drove over there (about an hour's journey) and he didn't turn up; the car was there, so I called him and he said it was too far for him to travel!!

MysteryLemon

4,968 posts

221 months

Wednesday 6th February 2013
quotequote all
CAPP0 said:
However that then goes on to discuss the seller's position if a bid isn't followed through.

Ref going and looking first, that's just my point - I've done so three times now on vehicles within 50 miles*, and would in principle do so again, but there are not many of what I want within that radius, and so I have the choice of waiting until something comes up, which is a piece-of-string question, bidding without seeing, or taking loads of time out to schlep around the country on wild goose chases!

*Outbid on one at very silly money, the second wasn't suitable, and the third one, I spoke to the seller, agreed to meet him where the car was stored, drove over there (about an hour's journey) and he didn't turn up; the car was there, so I called him and he said it was too far for him to travel!!
Well you could bit and go to buy without seeing, just to walk away or you could just go to look and walk away without bidding. Makes no difference surely?

Strawman

6,463 posts

237 months

Wednesday 6th February 2013
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MysteryLemon said:
the seller will probably leave you negetive feedback, which you can do in return aswell, stating that it wasn't as described.
Sellers can only leave positive feedback or nothing, and if they leave negative comments after leaving a positive rating, the buyer can get Ebay to remove the comments.
I don't think a seller could enforce the 'you've bid so you must buy' legally, it conflicts with distnce selling regulations and even in live auctions that you attend in the real world you can back out of purchase if you think the item isn't as described in the catalogue, for example, when you get a chance to inspect it.

CAPP0

Original Poster:

20,881 posts

233 months

Wednesday 6th February 2013
quotequote all
If I bid, it's because I want the vehicle and provided all is OK when I get there I'll take it away with me, but if I go and look, then go home, then wait for the auction and bid, then I have to go back again to collect, then to do that is a minimum of two journeys for the right vehicle. Time & money.

I've never yet walked away from an eBay bid I've made, with something like 350 feedback under my belt, so I'm not planning to start now, but I just wanted to know where I'd stand if I do bid without seeing. It's one thing on a £500 snotter, but £3k is a touch more tweaky.

MX7

7,902 posts

204 months

Wednesday 6th February 2013
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If you make a realistic offer the chances are that the seller will accept it and end the auction.

CAPP0

Original Poster:

20,881 posts

233 months

Wednesday 6th February 2013
quotequote all
MX7 said:
If you make a realistic offer the chances are that the seller will accept it and end the auction.
and that REALLY pisses me off! The number of times you watch something and it mysteriously ends early. rolleyes Then you end up having to be the tool who asks "what's your Buy it Now mate?" just to stand a chance amongst all the tools.

eBay really ought to do something about that but I guess it's impossible to police.

SMGB

790 posts

169 months

Wednesday 6th February 2013
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I have done this, pitched up after winning an auction, car had an obvious fault and a big paint gouge on the bootlid, neither declared. I left it there without any negative feedback. the vendor got it fixed and relisted it and sold it so he should have paid me a consultancy fee. It was fcensoreding miles but we have relatives we like there so we had pleasant 2 days, I wouldnt have gone that far otherwise. Not saying it will always work.

mk1matt

405 posts

195 months

Wednesday 6th February 2013
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Think of it like any other auction. If you win an auction for an iPod, but the seller sends you a goat instead, you're fully entitled to return the goat, since it's not as described (unless perhaps the auction states iPod: furry. likes grass. wary of trolls). A slightly more realistic example is where the iPod turns out to be broken, or is a 30gb when the ad specified 60gb.

Refusing to buy a not-as-described car that you've won is basically the same, without the hassle of return postage fees.

Snowboy

8,028 posts

181 months

Wednesday 6th February 2013
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If it's not as described you can walk away.
Any blaim will fall on the seller for mis-advertising the car.

Anyhow - ebay isn't legally binding at all.

Once a transaction has occured via paypall they have some legal cobtrol of the money. Sort of like banks and credit card companies do with chargeback and fraud refund.

But, until the transaction happens ebay is no more legally binding than any other website or advert online or in the paper.