The sale of goods act applys if I buy a car from a trader, (obviously depending on age and price).
Presumably it still applys even for the 'part exchange / cheapies' they've got round the back.
However the Sale Of Goods Act doesn't apply to auctions, so i'm not covered if I buy from Manheim (obviously).
But what if I buy a car from a trader on Ebay? Presumably i've bought a car at auction and hence am not covered.
Thanks
James
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There hasn't been a UK test case yet, but it is not clear that ebay is an auction. Indeed, ebay themselves certainly used to be very careful not to use the 'auction' word in their Ts and Cs.
The sale of goods act applies to 'buy it now' on ebay, and most likely to the normal sales too.
There are a few lawyers out there who'd welcome a test case (at your expense of course!)
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Not good at anagrams, sorry, bikemade3, but obviously the swear filter works up to 10 letters.
EBay etc should fall back on basic principles of law. If the seller is misrepresenting the goods, the buyer has some redress. If the buyer refuses to honour the agreement he made by bidding, then the seller should have some comeback.
Having said that, I have seen a number of annoyed EBay sellers who say "listed for the third time because of timewasters", so it sometimes doesn't work as it should. There is an element of mutual trust (or there should be) on the part of both seller and buyer (lister and bidder).
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When selling my cars on EBay I assume that I am governed by the sale of goods act and use the ample oppurtunity to fully and accurately describe the car, warts and all. This in effect stands as my 'statement of condition'.
Whats more, a lengthy and accurate description encourages confident bidding and a (hopefully) higher selling price.
Cheers,
Pad
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Whilst on the subject of Ebay .... what have your experiences been of selling a car? I have sold other stuff but never cars.
Got to sell one of my Mini's but dont know where best to place my ad. Easy enough to pop one into the window but people will only see it if they drive past our house. Don't want to go down the local paper ads route because you get more nutters contacting you than people who have an interest in what you are selling.
Thanks
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Hi,
Cars like Minis (and I assume that you are refering to a 'classic' Mini) seem to do well on ebay - anything that has specific interest to people can do quite well. The advice I would offer is really as above - use the oppurtunity to describe the car in a lot of detail, you need to form a picture in the buyers mind of exactly how the car is so that there is no disappointment on collection.
And also, try and 'sell' the car and by this I do not mean lying, but really emphasise the good points. I have had the same car bid £1000 (30%) higher just by improving the description and sales pitch.
I hope this is of some help, if you wish to look at one of my ads then my seller id is 'gtirpad'. Click on search by seller ID and include completed items. (incedentally, I am not selling anything at the moment so this isnt a pitch!!)
Cheers,
Pad
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I think I can answer my own question.
Trader selling car on forecourt: Contract between buyer and trader (buyer pays trader)
Trader selling car though auction : Contract between buyer and uaction (buyer pays auction)
Trader sells car through Ebay : Contract between buyer and trader, (buyer pays trader)
So my guess is that Sale Of Goods Act will apply to Ebay sales as it would to traditional forecourt sales.
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Having bought and sold my cars on eBay I would say the following:
1) You have to describe even really old cars in incredible detail, otherwise the "buyer" knocks you are negatives you on the site.
2) Cars seem to sell for daft (read expensive) money.
3) A good proportion of buyers are a waste of space. Make sure anyone with a "feedback" of less than 10 has to contact you before bidding.
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Thanks for the advice. Had a look at some of the ads and the classic minis do tend to go for silly money. As long as I get what I paid for it (which was very little) + Ebay fees, I'm not too bothered. Will try to write up an ad tonight and see how it goes.
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But what if I buy a car from a trader on Ebay? Presumably i've bought a car at auction and hence am not covered.
Ebay is not an auction. There is no "contract to buy". You can
take action against vendors, if you can find them.
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I re-open this to mention that I looked at an e-bay car a
while ago:
Description:
Very good condition for mileage, only one previous owner (company) and presumed regularly serviced although minimal history. Runs like a dream, this is the electronic/electric injected model, drives like a petrol, goes like a train! No marks on body, one LX badge missing on NSF wing and 3 very small marks on front seats ( 2/3mm.) Interior grey and otherwise immaculate.
My observations:
Many marks on the body, especially to the door edges, and flat panels. The interior is in very poor condition indeed; many marks, oily splodges, and small tears here and there. The carpet is parting company with the trim in several places. Uneven tyre wear (two tyres ought to be changed now, for safety/legality, and the spare as well). The dash is filthy. The whole interior smells of oil. The air-con is not working properly. Where the exhaust pipe rear section has been missing, smuts and filth from the exhaust has got inside the lenses, blackening them. The door seals have some damage to them. There have been lots of "knocks" to the underneath, which have damaged the underside of the front bumper, and there is damage to the underneath where the car has been incorrectly jacked. The plastic mud-guard (lining) inside the n/s front wing is shattered and needs replacement. The corrugated plastic "pipes" which hold the wiring loom are broken in several places. Worryingly, the intercooler is leaking oil. There is an oil leak from the back of the engine or gearbox somewhere, evidenced by oil running along the o/s front suspension frame, which looks like an engine oil leak hopefully, as it's black. There is considerable wear to the front discs, which need to be replaced. Stone chip in windscreen (not MOT failure).
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