Reece_1

Ok really need some advice here.
Won a car off eBay last Sat had look and car was ok and wrote a cheque for half the price and agreed to collect in a couple of weeks. Seller returned the cheque since didn't sign it - but since I found that got no room to store it (apparently was going have the driveway extended but they never turned up) and contacted the seller if they would mutually withdraw - seller said they wouldnt agree to withdraw and basically stated as you have entered a legally binding contract to buy the car etc, so they have now filed a unpaid dispute on eBay and also said they are going to take legal action to the small claims court.

I dont think what will say to them will make any difference so would really like some legal advice here so any one with experience of this can you send me a PM ?So do 1 take the hit buy it and then sell it on 2) Challenge their threat and go to SCC?

Cheers

mole

what are they taking you to court for? they will only have lost the price of the advert. tell them youll pay that(about £10) cant see what else they would of lost out on!


edit: also is it actualy legaly binding? i dont think it it tbh but i could be wrong.

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MAPGO

I'm no lawyer but my understanding is that unless you are under 18 you have entered a legally binding contract with the seller, which most likely means you would lose in a small claims court.

fatty5000

I think the Bay states that they are legally binding.

So as above really

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MAPGO

Contractually the seller has sold the goods and not received payment, buyer is in breach of contract.
Possibly could claim for cost of car, storage charges and court costs

Lummox

To be fair in the sellers situation i'd be doing the same thing. I wouldnt give a crap if you didnt have anywhere to put the car or not and would be a little miffed that payment couldnt be made due to an unsigned check.

Fair enough he may have only lost £10 on the listing but he may have also lost another buyer who could have bought something else by now.

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Dr Zoidberg

Ebay state a lot of things that aren't necessarily fact or in accordance with UK law.

There have been a couple of court cases worldwide that did find that there is a legally binding contract , but none in the uk I believe.

An unpaid item strike is a bit of a pain , but not the end of the world so isn't much to worry about , and the chances of them taking you to court are in practice very low.

They would be able to make a claim for losses that they have actually sustained which would be the cost of re-listing and any difference between the price it sold for and your bid if then ended up getting less for it.

You could always offer to pay their re-listing costs and see if that keeps them happy.

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Alex

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skorob2007

I am an ebay powerseller, (car_brochures_for_you), and when you bid on and won that car you entered into a legally binding contract.Yes, it's unfortunate that your circumstances have changed but you are liable to pay for the item won.

In all fairness though, I can see where you are coming from, but I really do doubt the seller will take it to small claims.If he won't do a mutual withdrawal, I think its more out of spite than anything.Call his bluff - don't agree to pay his fees, as he can still claim them back from ebay himself by declaring you a non-paying bidder and he will get a FVF refund and listing fees etc.The worse that can happen is you get an unpaid item strike which is useless anyway, and remember, as of this week, the seller cannot leave the buyer any negative or neutral feedback, but you can leave him negative, hoping he isn't aware that he can have it retracted.

In all honesty, I really can't see him going to a SCC with it, it's just words trying to bully you into buying it.Even if he does, just say the car was not as described in the listing.It'd be hard to prove otherwise by the time it did go to court etc, and I doubt he will want to hold onto the car for any longer than he has to.

Hope this is of help. Good Luck.

Tomo1971

You can maybe ask the same question (or get someone else to do it with a different user name) in Ebay community, lots and lots of knowledgable peeps in there.

Steve

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Reece_1

Yes did that and didnt get much tea n sympathy so to speak anyway the situation has bee resolved, and its all go !

cheezemonkhai

I think the ebay contract is a contentious one.

Also is the contract null and void if you break it, if so then is there a claim against the non existent contract?

I'd just offer to send him a payment for the cost of the advert, plus a small amount for his effort of re-listing or making a second chance offer. £15.

If you don't mind me asking what is the approximate cost of the car as unless it is low enough he won't be taking it to the small claims. If it is low enough, then it probably isn't worth his time.

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