We are looking at replacing our gifted to us old sprite with something along the lines of a mid to late 90s 2 berth van. We have seen some locally but were not too impressed as is often the case the discription and reality failed to match.
If we were to bid and win a van and find on arrival that it was not as described would distance selling rules apply as with cars on ebay and walk away.
yes definately, if your not happy with it you dont purchase. Whats the worst that could happen, negative feedback. Or years trying to sort out a dodgy van, The item on ebay has to be as described (including any faults , ie. damp ,damag,e missing items). so basically if its not as described then you are well within your rights to walk away. Plus the seller has always the option of selling to the second highest bidder.........
Thanks for the reply, I've walked away from 2 cars I've bid on before but both sellers understood the distance selling advice, I'm not too bothered about getting neg feedback for not buying, it's just that it looks like I might have to travel to find something suitable and sellers I have contacted so far have said the "you bid you buy" line so I've left it there.
Wise move, if they are pulling the you bid you buy c**p, then that is exactly what they are selling. Hang tight, its getting to that time of year when its a buyers market, and you never know your next van may just be on your doorstep.... good luck.....
Anything related to condition that is not mentioned on listing, particularly damp, message seller by clicking 'ask a question' at bottom of listing & print off his favourable reply along with the listing itself then you have proof he lied if 'van is not as described.
He cannot leave you negative feedback as a buyer but you can leave him neg feedback as a seller & so you should if he has lied on the listing. You may not have wasted money on a dud caravan but it will have cost you plenty in wasted fuel if you have travelled a distance.
Often caravans are advertised with little or no description & this might be on the basis that if there is no description then buyer cannot claim 'van is 'not as described'. If seller will not respond fully to your questions then leave alone.
Unless you are buying a 'BUY IT NOW' item or the seller is a business seller then the Distance Selling Regulations DO NOT apply. As with any auction I'm afraid it is buyer beware. I would never buy a large item on any auction site without first viewing the item, I know this is difficult but better be safe than sorry. The sale of goods act also offers very little protection against a private seller, although an item must be as described. If you do want to bid, then ask lots of questions of the seller about the things that they HAVE NOT placed in their listing. Even then, technically, because it is purchased via auction you have purchased it and the seller can expect the money, it would be up to a court to decide if it was misprepresented etc if you and the seller couldn't come to an agreement. Its a very very grey area.
Is anybody absolutely certain that ebay is a 'proper' auction? At an auction house where you stand & bid then you legally have to buy the item at the fall of the hammer. Would this apply to ebay as you cannot see the item?
Has an ebay seller successfully pursued a non payer through the courts. I suppose it would depend on the circumstances & would it be worth it? It would be easier just to relist. If the winning bidder just failed to turn up & pay I suppose there would be a case but in a dispute over condition of goods It would be more difficult.
Also, I think auctioneers have to be licenced, is ebay the auctioneer or are the individual sellers the auctioneers, if they are not licenced then does UK auction law actually apply?
Sale of Goods Act offers no protection when buying from a private seller. As indicated above the Distance Selling Egs do not apply when buying privately. These statutory protections only arise when you buy from someone acting i nthe course of a business.
If you buy privately then normal contract rules apply.
Yes the goods have to be as described. Any prudent seller would not comment on it being free of damp, so if you find out afterwards that it has damp, you are stuck with it. If they say it is in excellent condition and it has damp then you have a cause of action against the seller. However, you may have to fight to get your money back. Not everyone plays by the rules.
If buying off eBay, go along and see it first and take an engineer who will give it the once over and advise you on its merits before you buy.
Many a consumer problem arises because of how we buy. Be very cautious and prudent....it's your hard earned cash you need to protect
Phil
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Topic: Distance buying on eBay
