Irony
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posted on 19/2/18 at 08:48 AM |
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Ebay regulations and rules
Me and a friend of mine got into quite a heated argument at the weekend about Ebay. I was wondering if anyone could settle it.
He recently sold a car on eBay and the winning bidder insisted on taking the car for a test drive and checking around the car, which made him angry..
I said the buyer is entitled to look around the car to check its ‘as described’. My friend said ‘no he isn’t’. I said ‘yes he is’.
Apparently it is the buyers responsibility to check the condition of any eBay item before bidding to make sure it’s as described. If the seller has
described the item inaccurately then its a different matter but if the seller has simply ignored vital information then its the buyers responsibility.
For example if I have a car that’s had a rear shunt, and I cunningly take a pictures only from the sides and front and simply ignore the fact the its
staved in at the back in the description I am totally devoid of any responsibility and the buyer who comes to collect must purchase the vehicle as
they have bought the vehicle as seen in the auction. Win win for me.
I just simply can’t believe that the seller is not required by eBay regulations to describe the item accurately and any major issues pointed out?
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CosKev3
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posted on 19/2/18 at 09:31 AM |
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He's probably correct knowing ebay.
But if in your example the seller had stated 'good condition for age' etc and you turn up and it's got the rear stoved in then I
would Deffo be using the 'item not as described' get out
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JonBowden
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posted on 19/2/18 at 09:41 AM |
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eBay
Regardless of any eBay rules, I would insist on a basic check to ensure that the car is as described and is safe to drive.
I would not feel obliged to take a car that was dangerous (unless it was sold for spares or repair).
I did recently buy a car unseen. When I went to collect it I gave it a quick lookover and a short test drive with the seller in the car. There were no
significant problems and I am very happy with the car.
Jon
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tajgreidotu
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posted on 19/2/18 at 09:50 AM |
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You are right.
By eBay policies, item description should be complete, and any lack of information makes the "item not as described".
In any sale, you are free to inspect the item before signing the COD. Its up to buyer and seller to agree what "inspection" means
Sometimes happens that customers and sellers are not aware of how to proceed with cases and they blame the marketplace (ebay or amazon), giving a
wrong idea of how transactions are secured in this enviroments.
In case of doubt, marketplace will always protect buyers.
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scootz
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posted on 19/2/18 at 11:01 AM |
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If it was an auction, and I was the vendor, then I'd expect the winning bidder to have satisfied himself that he or she was going to be driving
the car away before sticking his bid in!
This is coming from a man who bought a Lotus blind a couple of years back that was described as having 'no chassis damage
whatsoever', paid £10k for it as the seller was insistent via eBay messages that the chassis was straight, had it delivered - then found the
chassis was wrecked! I'd been screwed on small deals before, but never on this scale - it won't happen again!
You always have the right to return it if you subsequently discover that it HAS been incorrectly described, but don't be surprised if the seller
disappears into think air! My guy did just that - deleted his ebay and PayPal accounts. He's still trading in salvage on eBay using other
names though - all reported, but no one gives a monkeys! He was also reported to trading standards, but they were not particularly useful - despite
me doing all the investigations for them and spoon-feeding them information.
I tracked my guy down, paid a couple of hundred quid, went through the courts, and won an order against him for a few £k. It was served on him, but
he's not paid. Its a cross-border case which makes chasing it pricey and time-consuming. I've established the guy is a pro fraudster - I
know his type extremely well from my previous career (law-enforcement), and I know he will have 'no money', and 'no assets'
when the final reckoning is made So I've effectively written off a £5k loss (after breaking the car for salvage).
Tread carefully on high-value purchases folks! I've done loads blind and only been bitten once - but that 'one time' blew a serious
hole in my bank account!
It's Evolution Baby!
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SJ
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posted on 19/2/18 at 11:50 AM |
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In my experience, practically speaking, a winning bid on a car is viewed by many buyers as an invitation to come and have a look.
I recently sold my car on ebay. The first winning bidders were a couple of jokers who came and tried to haggle a better price. They left without the
car.
I relisted and the second guy came and paid without even accepting my offer to take him for a drive.
I think the ebay rules don't really matter.
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r1_pete
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posted on 19/2/18 at 04:21 PM |
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Another problem which creaps in to general auction and buy it now is including contact information.
In their quest to protect their ransome on sales and purchases ebay do not permit phone numbers or emails in listings, and also scan messages for the
same, Ive had a couple of snot ongrams from them threatening to suspend me for giving buyers contact info to come and view stuff.
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ReMan
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posted on 19/2/18 at 04:42 PM |
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A winning bid, even blind is also technically enforcible and unless as mentioned the item is not as described then the purchase is done and it is not
a bid to be the first to view and then haggle on a cash price
But in practice chancers for buyers and sellers and more trouble than its worth to enfore on either side and good luck with any real support fom ebay
unless your the seller and they /paypal snatch your money back
www.plusnine.co.uk
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ReMan
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posted on 19/2/18 at 04:42 PM |
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A winning bid, even blind is also technically enforcible and unless as mentioned the item is not as described then the purchase is done and it is not
a bid to be the first to view and then haggle on a cash price
But in practice chancers for buyers and sellers and more trouble than its worth to enfore on either side and good luck with any real support fom ebay
unless your the seller and they /paypal snatch your money back
www.plusnine.co.uk
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loggyboy
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posted on 19/2/18 at 04:54 PM |
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the enforcement isn't much though - from what i've read they could only claim for the difference between what you bid and what it
eventually sold for.
worst you can actually expect is a non paying bidder strike, which is hardly a criminal offence.
Mistral Motorsport
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perksy
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posted on 19/2/18 at 09:34 PM |
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a good mate paid 4.5k of an MX5 on ebay, but no money was handed over until We had traveled across the midlands and inspected the car to verify that
all was as described (all was good and the cash was handed over)
a chap at work bought a BMW off ebay and when collecting it was nothing like as described and had to go through ebay to get it sorted
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Irony
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posted on 20/2/18 at 09:11 PM |
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After doing some digging into ebay regulations a seller is required by ebay regulations to make a ebay auction as accurate as possible. They are
required to list and and describe any faults with the item. So a seller can't just not mention a fault then claim the car is as described.
That said legally speaking if you buy a car or any item on ebay and you win the auction then you are required to take it away and pay for it
regardless of its condition as described or otherwise. Then go through the ebay resolution system afterwards. In reality that doesn't happen.
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chillis
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posted on 21/2/18 at 12:59 PM |
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Ebay is an auction so auction rules apply:
So long as the listing is accurate and all known faults have been declared then the buyer must pay once he has won the auction, unless the seller has
not made the car available for any prospective purchaser to try out before the auction ended.
It's for the buyer to make sure the car is good before he bids, same as any auction.
Never under estimate the ingenuity of an idiot!
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joneh
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posted on 21/2/18 at 01:53 PM |
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From the eBay rules Purchase Conditions it depends how its listed.
for motor vehicles, and real estate (property) listed in the Classified Ad format, a bid or offer is not binding, but expresses a buyer's
serious interest in the item;
Essentially, you can bid and win, if its not up to scratch or as described - feel free to walk away.
Else;
you enter into a legally binding contract to purchase an item when you commit to buy an item, or if you have the winning bid (or your bid is otherwise
accepted).
I don't know if you can list a vehicle that isn't classed as a "classified ad".
eBay Rules
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r1_pete
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posted on 21/2/18 at 03:03 PM |
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But, you don’t bid on classified ads, you contact the seller view and strike a deal or not.
Its just like an ad in the paper or a mag etc.
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