sorry but 2 many people try and rip u off
why the hell would you not have contact you b4 spending money on it ?? stick 2 what you feel and you cqant go wrong
Here's a problem to test your collective wisdom.
I sold an outboard engine on ebay. It was nearly 30 years old so it was cheap. I described it as 'reliable' because that is exactly how it
had been for me over the past 6 years. It was marked as personal collection only.
The winning bidder lives 300 miles away and collected the engine. He went to use it and it wouldn't start. He took it to a boatyard who spend
some time on it and got it going. They didn't replace anything, the work involved cleaning and making adjustments and making good some electrical
connections.
The buyer has now decided he doesn't want the engine and wants his money back. He claims I misrepresented it in the auction details. I don't
have a problem with that and have offered him a refund.
The problem is he also wants me to pay the boatyard bill and also pay for the pallet delivery.
My argument is that he did not consult with me before he incurred the boatyard bill. Also it was his decision to buy an engine from someone 300 miles
away.
So, should i have to pay these additional costs? they will nearly double the amount I sold the engine for!
All comments appreciated.
na he wanted to get the work done on it not you...................his problem
sorry but 2 many people try and rip u off why the hell would you not have contact you b4 spending money on it ??
stick 2 what you feel and you cqant go wrong
i wouldnt give him anything. if he desperately doesnt want the engine after originally deciding he did want it. thats his fault and he should return it. i think your being very reasonable to take it back anyway!
You're beyond what you need to do by offering a refund.
There is no compulsion on you to do that.
Nevertheless, it's a commendable attitude to show willingness to give a refund.
Boatyard bills and shipping though cannot possibly be things you should be contributing to.
To be 100% honest, the second he started fixing it, he gave up all rights to any form of complaint or recompense for these repairs.
My opinion.
You shouldn't cover any additional costs whatsoever.
That could never be warranted in any way at all.
He should have checked it at time of the collection, the moment he left with it he could have done anything to it that could have caused the
failure.
I wouldnt even offer him the refund, but you want to do that, I would go no further than that.
[Edited on 15/7/12 by loggyboy]
As above, your being very generous offering a full refund in exchange for the engine. His problem to get it back to you and definitely dont pay the bill for work he had done.
if he didin't want it, he should have decided that as soon as he got it and it didn't work. he decided to get it fixed before telling you,
thats up to him. he's on to nothing as far as i'm concerned.
you definitely should NOT be paying the bill from the boat yard. that was his choice.
he also should have tested it on collection.
his problem now not yours.
how do you know it didn't work before? it might have left you fully working, he's taken it to get some work done (clean and tune) and then
he contacts you to say it didn't start so you've to pay? nah.
has he got any proof of the work done at the boat yard?
tell him to do one.
He's trying it on, i would be asking why he wants to return it now its up and running....
Personally i would not offer him a refund, never mind cover his expenses, cheeky bugger.
Caveat Emptor
Al.
For god sake don't refund anything till the motors back in your possession either. He's probably trying to scam you into Refund plus keeping motor
HE made the decision to take it to 3rd party and didn't contact you first
I think your being more than generous in offering him a refund to be honest, if he didn't like the look of it he should of discussed it with you
at point of sale
He certainly should of discussed it with you first before getting it looked at, for all you know he has a mate who's given it the once over ?
"Buyer beware" and all that...
quote:
Originally posted by plentywahallaThe winning bidder lives 300 miles away and collected the engine. He went to use it and it wouldn't start. He took it to a boatyard who spend some time on it and got it going. They didn't replace anything, the work involved cleaning and making adjustments and making good some electrical connections.
Even a commercial seller would not have to foot excessive carriage charges, so definitely not in a personal sale. I remember something from a Sale of
Goods Act case, basically when the buyer knows there is a large distance involved, they take the risk of having to return an item a long distance - it
is their choice to purchase.
You're very generous to offer a refund, as the motor has been messed about with so is not in the same condition (although granted it may well be
in better condition).
Somebody tried that on me with a guitar effects pedal years ago on Ebay said it wasn't working, wanted a refund etc. I knew the pedal was working
before i posted it so I told him politely to stick it. Funnily enough I never heard from him again and he didnt launch a dispute or anything, he even
left positive feedback after about a week? A couple of weeks later I took a look at his feedback and noticed that he had won another effects pedal
exactly the same as mine, he'd made a mistake and bought 2 and was trying it on cheeky fecker.
I would politely tell the fool to jog on, sold as seen etc etc. Sounds like he wants a free engine ?
[Edited on 15/7/12 by wylliezx9r]
Thanks guys!!
You have supported my position so I feel justified in sticking to my guns on this.
The reason that I am happy to give a refund is that I was disappointed in the selling price and given the option would have pulled out of the original
sale.
His problem is that after paying the boatyard bill and the palletways bill, he will have nothing left from my refund. So he will have bought an
outboard and have got nothing to show for it.
I have told him his other option is to resell it himself. He will probably clear all his costs if he gets the sort of price I should have got in the
first place.
If you have advertised as reliable then the long distance selling laws mean you would not have a leg to stand on if he took you to the claims court.
But as you have offered to cancel the sale and refund then it is on him to return it back to you.
As people have suggested it was his choice to buy used items from such a long distance away. His problem. The risk in buying used equipment.
It is a lesson on advertising. If you had just put engine for sale, model , make, used etc no descriptions like, reliable, lovely, great you would not
have to even give a refund.
Brother in law sold 2nd hand car in local publication. Put lovely corsa (there werent any 1st mistake) for sale. Buyer bought it then it failed its
MOT. Came back for refund, he told them to bog off. They took him to court, local garage said the car was rusty therefore could not be descibed as
lovely, so judge found in buyers favour. He had misrepresented the car in a publication. Miss the lovely out = buyer beware.
Huh, I wonder if you could advertise a nice car and call it crappy, and find yourself in the same situation. 
His choice to collect from that distance so his problem to return it. I would not consider collection over about 30 miles. You should collect up to
decent distance if you want to offer a refund but that would probably only be up to about 15 miles, in my opinion.
I think he voided any right to a refund when taking it to the boat yard, they are all his costs if never agreed with you prior to work being done.
That sounds like him trying to recoup some petrol money for the initial collection. Refund only when you receive the engine back, at his cost.
quote:
Originally posted by crutch
If you have advertised as reliable then the long distance selling laws mean you would not have a leg to stand on if he took you to the claims court. But as you have offered to cancel the sale and refund then it is on him to return it back to you.
As people have suggested it was his choice to buy used items from such a long distance away. His problem. The risk in buying used equipment.
It is a lesson on advertising. If you had just put engine for sale, model , make, used etc no descriptions like, reliable, lovely, great you would not have to even give a refund.
Brother in law sold 2nd hand car in local publication. Put lovely corsa (there werent any 1st mistake) for sale. Buyer bought it then it failed its MOT. Came back for refund, he told them to bog off. They took him to court, local garage said the car was rusty therefore could not be descibed as lovely, so judge found in buyers favour. He had misrepresented the car in a publication. Miss the lovely out = buyer beware.
quote:
Originally posted by crutch
If you have advertised as reliable then the long distance selling laws mean you would not have a leg to stand on if he took you to the claims court. But as you have offered to cancel the sale and refund then it is on him to return it back to you.
As people have suggested it was his choice to buy used items from such a long distance away. His problem. The risk in buying used equipment.
It is a lesson on advertising. If you had just put engine for sale, model , make, used etc no descriptions like, reliable, lovely, great you would not have to even give a refund.
Brother in law sold 2nd hand car in local publication. Put lovely corsa (there werent any 1st mistake) for sale. Buyer bought it then it failed its MOT. Came back for refund, he told them to bog off. They took him to court, local garage said the car was rusty therefore could not be descibed as lovely, so judge found in buyers favour. He had misrepresented the car in a publication. Miss the lovely out = buyer beware.
Why not offer him a refund so long as he returns it to you in the same condition he took it away in. Otherwise sorry it's his as he's worked
on it then decided it didn't work.
quote:
Originally posted by Ben_Copeland
For god sake don't refund anything till the motors back in your possession either. He's probably trying to scam you into Refund plus keeping motor
Just make sure that you don't have any money in your PayPal account, and stop EBay and PayPal from accessing your bank acct/credit card. You may
find that you're about to get screwed.
I sold an almost new (less than 5 hours use) HDD/DVD recorder on EBay a few months ago. After a month the seller contacted EBay and said it was faulty
and wanted his money back because it was not as described? I pointed out to EBay that something was not right, the machine was nearly new, plus the
person making these claims had only done 4 deals on EBay, and had 3 negative feedbacks, whereas I had over 600 deals and 100% positive.
He said he had an identical machine, and that my one was slower to start up and sometimes dropped the signal when recording. I immediately offered a
full refund, including original postage costs, but told him he would have to pay for return carriage, as per EBay rules. He refused my offer, saying
that he wanted return postage paying, plus he would not send the machine back until he had all the money. I politely told him no.
The buyer then contacted EBay again and raised a dispute, saying I had refused to refund his money! A couple of days later EBay contacted me to say
they had issued a refund by PayPal, and taken the money from the credit card I had registered with them. I replied straight away and pointed out that
the recorder had not been returned. There answer was that the case was closed as soon as the money was refunded, and nothing more could be done.
I kept pestering the buyer and after a couple of weeks the recorder arrived back, in it's original box, and in perfect condition - until I tried
to test it - the buyer had swapped the interior of his old machine into the casing of mine. I contacted EBay again, and once again no reply. I raised
the matter on the EBay users forums and was threatened with being banned because I had named another EBay user publicly!
I don't bother selling much on EBay now.