Am I Right Or Wrong, What Do You Think?

[The-Acre]

Having bought another car, I put mine on eBay for £1,100 to make a quick sale, a real bargain.

I very nice guy from Halifax, which is 260 miles away wanted it, and after some discussion decided to come down to buy it, but he didn't want to click "buy it now" In the meantime, someone from Dudley (not them I don't think) clicked buy it now, which of course takes it off eBay.

Now in my listing I said that I wouldn't sell it to anyone until they viewed it, but the guy from Dudley said that the sale is legally binding, and therefore I must sell him the car.

My response was that as he had not adhered to my conditions it wasn't legally binding (glad my wife works for a firm of solicitors)

So now I've had a fairly unpleasant phone call from him reminding me of my failures. Apparently I'm about to be reported to eBay, whatever that means, not much I would imagine.

What do you think, am I the git of the year, or am I just trying to avoid tyre kicker syndrome?

BTW, the old girl is now on her way to Halifax

[Stuno1]

If you stated in the advert it is advertised elsewhere and you reserve the right to remove it that's that.

Reporting you to eBay will do naff all.

It's sold, you are happy, that's it :)

Stu

[The-Acre]

If you stated in the advert it is advertised elsewhere and you reserve the right to remove it that's that.

Reporting you to eBay will do naff all.

It's sold, you are happy, that's it :)

Stu

It is sold, and I am a happy rodent, but I didn't state it's advertised elsewhere, just that I won't sell without someone viewing

[Stuno1]

It's a clause I guess and as such you are covered. Either way can't see anything coming of it.

Stu

[exsentric]

Can't win can you? As someone once said, you can't please all of the people all the time..............

Been messed about myself once while selling a car on e-Bay and I tried reporting the messer to e-Bay - they did absolutely sod all about it, so I certainly wouldn't lose any shuteye over that.

Half the populace on that medium don't seem to read the ads through properly - stick something on the site for auction only and I bet you will get half a dozen messages asking 'what is your buy it now price?' !!! I think they do it to wind me up!

Richard

[The-Acre]

Thanks for the replies. And guess where I will unlikely sell a car again?

[PhilipK]

I assume that this was an Auction rather than a Classified Advert, based on having a Buy It Now button.

I don't think that your requirement to view is enforceable in eBay terms - only their Terms & Conditions (which you signed up to when you opened your eBay account) apply, and you cannot override them by anything you say in your listing (for example, many eBay sellers claim that they are not liable for items lost in the post - if the buyer raises an Item Not Received dispute, then eBay will find in their favour).

If the person who clicked Buy It Now raises a Non Performing Seller dispute against you, then it will go on your eBay record. If you get too many of these (3, I think), you will be barred from selling on eBay for life.

If this person goes to court (extremely unlikely, I know), they could claim for the difference between the £1100 that they "paid" for your car, and whatever it would cost them to buy a similar specification/year/mileage. This happened a few years ago with a motorhome, which the seller refused to sell (as they thought that it had gone too cheaply) - the buyer won the court case, and the seller had to pay them the difference.

[The-Acre]

I assume that this was an Auction rather than a Classified Advert, based on having a Buy It Now button.

I don't think that your requirement to view is enforceable in eBay terms - only their Terms & Conditions (which you signed up to when you opened your eBay account) apply, and you cannot override them by anything you say in your listing (for example, many eBay sellers claim that they are not liable for items lost in the post - if the buyer raises an Item Not Received dispute, then eBay will find in their favour).

If the person who clicked Buy It Now raises a Non Performing Seller dispute against you, then it will go on your eBay record. If you get too many of these (3, I think), you will be barred from selling on eBay for life.

If this person goes to court (extremely unlikely, I know), they could claim for the difference between the £1100 that they "paid" for your car, and whatever it would cost them to buy a similar specification/year/mileage. This happened a few years ago with a motorhome, which the seller refused to sell (as they thought that it had gone too cheaply) - the buyer won the court case, and the seller had to pay them the difference.

Fair enough. In the latest message It does seem that I've now been forgiven! I will still consider very, very carefully whether I use eBay again for any major sale (like a car) Anyway, Yorkshire gains a nice LS400.

[dave1]

Did you sort out the plate?

[The-Acre]

Did you sort out the plate?

The buyer was good enough to let me keep the reg document in my name, we both signed an agreement that I would change plates before returning it to DVLA with his details, hopefully that will work.

[dave1]

Good result all round then.

[PEPE]

I'm happy for you, Phil. Happy motoring in the 430.

Pepe

[The-Acre]

I'm happy for you, Phil. Happy motoring in the 430.

Pepe

The insurance is surprisingly low, I was quoted £159 fully comp, no claim protection, and a named second driver. Still got the Bentley Pepe?