ebay Trade Sellers-the law

[Smarties]

I was Looking to bid on a Smart Roadster listed on ebay. The seller (a trader), advises that there is no warranty with it as it is sold under trade/auction terms. Is this allowed? I thought any car sold via the trade had to by law be covered by warranty, but he insists that this does not apply to auction vehicles. Is he right?

 

[Mudster]

eBay is a funny entity and legally there are some grey areas, mainly due to them being sited outside the UK (for tax and opertating purposes). I'm not entirely sure how enforceable sales on eBay are or to what extent the distance selling regulations apply.

I know Paypal (part of eBay) can't enforce debts, they've tried it with me (after failing to defend a chargeback) and I told them to whistle as there isn't a thing they can do about it.

There are plenty more cars out there, personally I'd not risk it, there's usually a reason a trader is trying to offload a vehicle without any warranty whatsoever.

 

[N7OGP]

there is the 7 day distance selling act,

 

[moonloops]

eBay is a funny entity and legally there are some grey areas, mainly due to them being sited outside the UK (for tax and opertating purposes). I'm not entirely sure how enforceable sales on eBay are or to what extent the distance selling regulations apply.

I know Paypal (part of eBay) can't enforce debts, they've tried it with me (after failing to defend a chargeback) and I told them to whistle as there isn't a thing they can do about it.

There are plenty more cars out there, personally I'd not risk it, there's usually a reason a trader is trying to offload a vehicle without any warranty whatsoever.

ebay is a sales tool just like putting an advert on autotrader or in the local shop window.

I think the sales of goods act still applies to traders even under on-line auction conditions.

As stated goods must be of reasonable quality and fit for purpose when dealing with a trader.

 

[gargoyle]

ebay rules

i have found that a high percentage of things sold on ebay are faulty or just plain crap (i will post examples later) even some fairly legitimate sounding sellers will try to offload dodgy items.
ebay may spout on about rules and protection but the worst punishment they can offer is to remove a user. er wow.
ever tried contacting a seller who doesn`t reply?
i have stopped using ebay.
good advice is just to steer well clear of anything that looks suspect and look elswhere

 

[Beetnik]

Buy at auction and it's yours at the fall of the hammer with no real comeback. If you buy at a car auction they often give you one hour's grace if you find something seriously wrong with the car.

 

[nick mercedes]

there is the 7 day distance selling act,

Which is nothing to do with buying cars.

 

[flango]

According to SWMBO Trader is bang on No warranty has to be given with vehicles for sale through auction either physically or electronically.

 

[N7OGP]

Which is nothing to do with buying cars.

i thought every thing bought on line or mail order or telephone was covered by distance law, excluding auction and goods made to order. a car is no different to a tele.

Distance Selling Regulations | Business Link

 

[N7OGP]

According to SWMBO Trader is bang on No warranty has to be given with vehicles for sale through auction either physically or electronically.

if the trader was selling it as "buy it now" which is not an auction would the law be different?

 

[nick mercedes]

i thought every thing bought on line or mail order or telephone was covered by distance law, excluding auction and goods made to order. a car is no different to a tele.

Distance Selling Regulations | Business Link

You advertise a car, someone has a look and drives it away.

Thus they have the chance to inspect it etc.

If you buy a tele mailorder, you don't have the chance to see it, so that's the idea of the distance selling regs.

However if you turn up to collect said tele, distance selling regs go out of the window.

 

[nick mercedes]

if the trader was selling it as "buy it now" which is not an auction would the law be different?

"The law prohibits the display of statements which state or imply that a consumer with a justified complaint has no right of redress.

Examples of prohibited statements include, “no cash refunds”, “sold as seen and inspected”, “trade sale, no warranty”." (lifted from the TS website)

So whether sold via ebay or off a car pitch somewhere, it's a bit pointless for traders to try the "trade sale" tactic.

 

[Spinal]

if the trader was selling it as "buy it now" which is not an auction would the law be different?

I was reading the DSA, and it specifically states that online "buy it now" type items on "auction sites" are not part of the auction exclusions...

I'll try to find it later...

M.

 

[Rory]

Try reporting the listing to eBay - apparently they will work with traders (probably by threatening to close their accounts) to ensure the wording in the ads is compliant with the law.

 

[Smarties]

Check the sellers terms, Payment & Collection #3.
2004 Renault Scenic 1.9 DCi Privilege 120 NO RESERVE !! on eBay (end time 14-Jun-10 16:07:43 BST)

 

[219]

I could very well view his refusal to accept Scottish notes as racial discrimination since these are what my banks issue . Perhaps he just likes Irish notes ?

Of course , I could deduct a 'fee' for exchanging into foreign currency .

The fact that he does not accept £50 notes means that I would pay in £100 notes - so much more convenient and less tedious counting

Simplest answer , of course , is just not to buy from him .

 

[N7OGP]

have you read his "me" page Car Search UK Ltd Internet cars eBay Shop About My Shop

 

[flango]

if the trader was selling it as "buy it now" which is not an auction would the law be different?

Thats a good question will ask SWMBO when she comes back in, she did say however it were a classified Ad then the seller would be bound by law to give warranty just as he would if he advertised cars on his own website.

If the car is up for bids but with a buy it now, then thats an interesting one.

Will post back later.

 

[neilrr]

The guy's selling cheap cars from BCA on an 'as is' basis. If you seek more dealer back up or warranty look elsewhere.

 

[moonloops]

Hope this helps:

"

When it comes to Internet auctions, things become a little more complex. If the seller is a private individual, then as long as the goods are as described, you have no recourse – the rest of the Sale of Goods Act doesn’t apply. However, some sales on auction sites aren’t auctions at all. If the item is “Buy It Now,” it’s not an auction, but a sale, and your rights depend on whether the seller is a private individual or a trader. If it’s a trader, then your rights under the Sale of Goods Act apply. Additionally, because it’s classed as distance selling, in most cases you’ll have the right to a cooling off period of seven days, and the trader should inform you of this. You can cancel your order in writing, and the trader must return your money within 30 days.
Remember, however, that the basic rule of buying at auction is caveat emptor – let the buyer beware. Consumer rights can help protect you, but ultimately the responsibility lies with you."