Rights when purchasing a second hand car on ebay?
Discussion
Hi guys.
Recently purchased a little run around for just over £1,000.
Initially went to view the car and all seemed fine.
Had the car less than three hours, done about 15 miles and it died on me.
Was recovered to mine and problem seemed to just disappear, took it for another run and it cut out and did the same thing.
Where do I stand legally with a refund etc?
Clearly there was an issue with the car which didn't crop up on the test drive as i never got above 3-4k rpm where this issue happens.
The ebay account is a personal account but the invoice is from a company, it mentioned the usual about the warranty, on the add, there is mention of a 14day return but not sure this is just generic for ebay ads, ive read cars aren't covered.
Before i got back to the seller i'd be interested to know where i stand?
TIA.
Recently purchased a little run around for just over £1,000.
Initially went to view the car and all seemed fine.
Had the car less than three hours, done about 15 miles and it died on me.
Was recovered to mine and problem seemed to just disappear, took it for another run and it cut out and did the same thing.
Where do I stand legally with a refund etc?
Clearly there was an issue with the car which didn't crop up on the test drive as i never got above 3-4k rpm where this issue happens.
The ebay account is a personal account but the invoice is from a company, it mentioned the usual about the warranty, on the add, there is mention of a 14day return but not sure this is just generic for ebay ads, ive read cars aren't covered.
Before i got back to the seller i'd be interested to know where i stand?
TIA.
Did you buy it from a car dealer, or was it just a business selling off an old car from a fleet, and issuing the invoice to sort their books out?
The latter I’d assume is akin to a private sale, so your only recourse is via the description if it’s inaccurate.
If it’s trade, they are liable for faults undeclared at point of sale.
The latter I’d assume is akin to a private sale, so your only recourse is via the description if it’s inaccurate.
If it’s trade, they are liable for faults undeclared at point of sale.
if the invoice is from a company that sells cars then it should be taken that your purchased from a dealer.
If it were to go to court I'd struggle to thing any magistrate would accept the seller trying to argue private sale with a business invoice issued.
edit: if its a company that isn't in the business of selling cars its grey as they would not be deemed the expert
If it were to go to court I'd struggle to thing any magistrate would accept the seller trying to argue private sale with a business invoice issued.
edit: if its a company that isn't in the business of selling cars its grey as they would not be deemed the expert
Edited by andburg on Monday 28th February 08:02
It’s a grands worth of 2nd hand car. What type, age miles, you’ll likely get further asking for help in getting it fixed, it can’t be too dreadful if it runs and drives ok up to.4 k revs.
The only significance of it being an eBay sales is that for a vehicle, eBay bids are not ‘binding’ on the purchaser. So you didn’t have to buy it, as such.
So for the rest of it, just assume it’s a 2nd hand car purchase, you need to work out of it is a private sale or trader sale as to then how to proceed.
The only significance of it being an eBay sales is that for a vehicle, eBay bids are not ‘binding’ on the purchaser. So you didn’t have to buy it, as such.
So for the rest of it, just assume it’s a 2nd hand car purchase, you need to work out of it is a private sale or trader sale as to then how to proceed.
Thanks guys.
The company is a van hire company and at times they buy cars and sell them on.
There is no mention of warranty on the add but on the invoice, surely the car should at least work as it should, I understand I can’t got back at a later date and claim for a gearbox or similar.
The company is a van hire company and at times they buy cars and sell them on.
There is no mention of warranty on the add but on the invoice, surely the car should at least work as it should, I understand I can’t got back at a later date and claim for a gearbox or similar.
maxmc2 said:
The company is a van hire company and at times they buy cars and sell them on.
By definition therefore, this van hire company is 'dealing' in cars and this is not a private sale.This helps you but I would actually talk to the seller first. Explain what has happened, ask them what their position is regarding rectifying the problem or taking the car back.
We can guess what their reaction might be on a £1000 car but they might sort it for you. If not, come back and let us know what they say.
Also - do you know what is actually wrong with the car? It could be something simple.
Its a mk4 golf and at the moment im not too sure what is wrong with it as this time around it is not throwing up any codes, i suspect the previous codes were old.
I don't want to start spending money getting it looked at so I will speak to the seller and see how they want to proceed as they may have a mechanic they would prefer to use and therefore cover the costs.
Had this happened a couple of weeks down the line then i can accept that but within 3hrs of purchase just seems a bit too coincidental to me.
I don't want to start spending money getting it looked at so I will speak to the seller and see how they want to proceed as they may have a mechanic they would prefer to use and therefore cover the costs.
Had this happened a couple of weeks down the line then i can accept that but within 3hrs of purchase just seems a bit too coincidental to me.
Was the car purchased through Ebay or was Ebay just an advertising medium?
Did you bid on it, or did you have to contact the seller first?
I.E. was it a classified ad?
If it was the latter you might have a small chance, especially if it was a dealer and if it was misrepresented.
If it was the former you have no chance - although stranger things have happened on Ebay!
Did you bid on it, or did you have to contact the seller first?
I.E. was it a classified ad?
If it was the latter you might have a small chance, especially if it was a dealer and if it was misrepresented.
If it was the former you have no chance - although stranger things have happened on Ebay!
Ordinarily I'd say a van hire business is in the business of hiring out vans, but if they're actively buying and selling vehicles that aren't a natural part of their business (e.g. a MK4 Golf), as a secondary income stream, then they're in the business of buying and selling cars, ergo a trader, ergo the same rules apply to them as a "car dealer" - i.e. they are assumed to have a greater understanding and knowledge of vehicles than a random private buyer.
At the same time - it's £1k. If you don't get anywhere with the dealer your only recourse is likely to be the small claims court, which would cost £70 to get going, etc.
At the same time - it's £1k. If you don't get anywhere with the dealer your only recourse is likely to be the small claims court, which would cost £70 to get going, etc.
maxmc2 said:
Its a mk4 golf and at the moment im not too sure what is wrong with it as this time around it is not throwing up any codes, i suspect the previous codes were old.
I don't want to start spending money getting it looked at so I will speak to the seller and see how they want to proceed as they may have a mechanic they would prefer to use and therefore cover the costs.
Had this happened a couple of weeks down the line then i can accept that but within 3hrs of purchase just seems a bit too coincidental to me.
Diesel or petrol. I don't want to start spending money getting it looked at so I will speak to the seller and see how they want to proceed as they may have a mechanic they would prefer to use and therefore cover the costs.
Had this happened a couple of weeks down the line then i can accept that but within 3hrs of purchase just seems a bit too coincidental to me.
Why so shy with the info and answers?
If it is petrol it sounds to me that as it gets warm, something is breaking down on the ignition side, coil pack, leads, but if it is completely stopping, more likely a Hall effect sensor like maybe a crank position sensor. A quick plug into vagcom, ( free software and eBay cable or Any friendly garage can plug it in) will tell you.
If it’s diesel, maybe a bit more puzzling. Lots of things make the tdi s go into limp mode, but it will still run, just no power. So if it is a cut out, suggests fuel delivery issues, is it a PD motor, presume so? May just be a clogged or old fuel filter, or water in there.
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