plentywahalla
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| posted on 15/7/12 at 07:53 PM |
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Ebay sale gone wrong ... What should I do?
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.
Rules are for the guidance of wise men ... and the obedience of fools. (anon)
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striker-4age
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| posted on 15/7/12 at 07:56 PM |
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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
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daniel mason
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| posted on 15/7/12 at 07:57 PM |
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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!
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zilspeed
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| posted on 15/7/12 at 07:59 PM |
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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.
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loggyboy
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| posted on 15/7/12 at 08:03 PM |
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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]
Mistral Motorsport
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eddie99
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| posted on 15/7/12 at 08:04 PM |
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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.
http://www.elitemotorsporteng.co.uk/
Twitter: @Elitemotoreng
Facebook: http://www.facebook.com/pages/Elite-Motorsport-Engineering/153409081394323
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NOTE:This user is registered as a LocostBuilders trader and may offer commercial services to other users
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blakep82
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| posted on 15/7/12 at 08:06 PM |
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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.
________________________
IVA manual link http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1081997083
don't write OT on a new thread title, you're creating the topic, everything you write is very much ON topic!
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Wadders
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| posted on 15/7/12 at 08:21 PM |
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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.
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Ben_Copeland
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| posted on 15/7/12 at 08:26 PM |
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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
Ben
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perksy
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| posted on 15/7/12 at 08:31 PM |
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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...
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Slimy38
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| posted on 15/7/12 at 08:42 PM |
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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.
Do you just have his word for that? For all you know it was working fine, he took it to a 'mate who could get 20 extra horses for free',
f**ked up the mod and now he wants his money back.
If it was faulty, he should have brought it straight back to you. Or at least contact you before going to the boatyard.
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RIE
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| posted on 15/7/12 at 08:45 PM |
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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).
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wylliezx9r
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| posted on 15/7/12 at 08:47 PM |
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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]
I spent a lot of money on booze, birds and fast cars. The rest I just squandered.
George Best
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plentywahalla
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| posted on 15/7/12 at 08:54 PM |
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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.
Rules are for the guidance of wise men ... and the obedience of fools. (anon)
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crutch
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| posted on 15/7/12 at 09:22 PM |
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Advert
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.
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Staple balls
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| posted on 15/7/12 at 09:29 PM |
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Huh, I wonder if you could advertise a nice car and call it crappy, and find yourself in the same situation. 
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Matt_C
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| posted on 15/7/12 at 09:36 PM |
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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.
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tomgregory2000
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| posted on 15/7/12 at 09:53 PM |
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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.
You are not covered by distance selling if you collect and not on an auction
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iank
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| posted on 15/7/12 at 10:01 PM |
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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.
Not relevant in this case as distance selling rules don't apply to auctions.
Sales of goods act is clear that if you try to repair (or have a repair done) then you lose all your rights to return it or get a refund.
[Edited on 15/7/12 by iank]
--
Never argue with an idiot. They drag you down to their level, then beat you with experience.
Anonymous
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thefreak
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| posted on 15/7/12 at 10:11 PM |
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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.
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chillis
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| posted on 15/7/12 at 10:25 PM |
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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
I'm with you on this one:
he wants you to give him the refund knowing you don't want to pay for the shipping then he'll just keep it anyway.
If he wasn't happy he should have asked for a refund before he had a boatyard work on it. As you were not consulted before he had it repaired
elsewhere and he was obviously happy to get it repaired or he'd have been on the phone to you straight away as I would have been.
Your not obliged to offer a refund and you should state this to him but you have offered a refund as a good will gesture only. You are not and cannot
be responsible for the shipping, it was his choice to by something second hand from so far away. Likewise you cannot be responsible for third partly
repairs as you wern't consulted about them first.
He'll huff and puff but there's nothing he can do. He'll post negaitive feedback but then so can you.
Was it paypal? as he may try a paypal snatchback.
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FazerBob
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| posted on 15/7/12 at 11:18 PM |
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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.
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