Misrepresentation
Discussion
Currently the high bidder on what I thought would be a decent weekend toy/ occasional workhorse.
I read the description and all seemed decent enough, placed a bid (The car is quite uncommon so I wanted to get a bid in reasonably sharpish) and sent a message to the seller asking a few more details as he is about 3 hours drive from me and I wanted to make sure I wasn't wasting my time. I end up being outbid and then the high bidder retracts their bid leaving my the high bidder over £1000 above the next highest, this seems to happen on most of his completed listings, but the winning bidders are not always the same account.
The car in question is high mileage (nearly 200k) but has apparently had a new engine (The advert does not state the engine, but the eBay item specifics do not match the engine currently in the car) put in and converted from 4 speed auto to 5 speed manual, due to the half decent advert and the sellers eBay history looking like that of a trader, I assumed the engine and box had been done properly with corresponding paperwork and history on the engine. However the seller has stated he has no history on the car whatsoever, nor any information on the engine or gearbox's previous lives.
Car is quite old and the model is known for corrosion, looks to have had some work done to get rid of the rust as some of the paintwork is unfinished, this is because of a "rebuild" according to seller, again no paperwork to prove anything.
I have requested that my bid be cancelled due to none of the above being mentioned in the advert, but as he has taken 3 days to respond to my message and the auction ending tomorrow, what can I do if/when I win the auction as the car is clearly not what I thought it was from the advert.
Should I just pay and go and collect and hope for the best or hold out for another? Where do I stand legally as I know I am legally bound to buy if I win?
I read the description and all seemed decent enough, placed a bid (The car is quite uncommon so I wanted to get a bid in reasonably sharpish) and sent a message to the seller asking a few more details as he is about 3 hours drive from me and I wanted to make sure I wasn't wasting my time. I end up being outbid and then the high bidder retracts their bid leaving my the high bidder over £1000 above the next highest, this seems to happen on most of his completed listings, but the winning bidders are not always the same account.
The car in question is high mileage (nearly 200k) but has apparently had a new engine (The advert does not state the engine, but the eBay item specifics do not match the engine currently in the car) put in and converted from 4 speed auto to 5 speed manual, due to the half decent advert and the sellers eBay history looking like that of a trader, I assumed the engine and box had been done properly with corresponding paperwork and history on the engine. However the seller has stated he has no history on the car whatsoever, nor any information on the engine or gearbox's previous lives.
Car is quite old and the model is known for corrosion, looks to have had some work done to get rid of the rust as some of the paintwork is unfinished, this is because of a "rebuild" according to seller, again no paperwork to prove anything.
I have requested that my bid be cancelled due to none of the above being mentioned in the advert, but as he has taken 3 days to respond to my message and the auction ending tomorrow, what can I do if/when I win the auction as the car is clearly not what I thought it was from the advert.
Should I just pay and go and collect and hope for the best or hold out for another? Where do I stand legally as I know I am legally bound to buy if I win?
davepoth said:
I had read that, I haven't actually won it yet. I have sent a message letting him know that due to the lack of history and other issues I'm no longer interested but I am still the high bidder and have had no response.Wait and see, I guess.
The Spruce goose said:
Why do you dance around the naming of the car, these types of threads really get my goat?
you can bid retract up to 12 hours before the end of auction, instead of writing war and peace on such a trivial matter, just do that and move on with your life.
It's the only one on eBay in the country, kind of obvious who the seller is, etc etc.you can bid retract up to 12 hours before the end of auction, instead of writing war and peace on such a trivial matter, just do that and move on with your life.
I did not know I could retract a bid as a buyer, thought only the seller could do so.
Now retracted bid, thanks for the heads up, this can now be closed as it's sorted.
Thanks
Edited by Eski1991 on Saturday 19th April 21:37
Eski1991 said:
It's the only one on eBay in the country, kind of obvious who the seller is, etc etc.
I did not know I could retract a bid as a buyer, thought only the seller could do so.
Thanks
http://offer.ebay.co.uk/ws/eBayISAPI.dll?RetractBidShowI did not know I could retract a bid as a buyer, thought only the seller could do so.
Thanks
auction law allows you to cancel a bid until the very end which ebay doesn't so if you did win and had emailed the seller can't imagine the contract being completed as ebay should allow you to cancel anytime but don't..
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