ebay

[TheRealDave]

The vehicle was advertised as shown below. Yes its a little brief but I thought it was ok. No indication of damage etc.

I bought the item with it being buy it now because i felt it may be bought if i contacted the seller and didnt get a reply. Once I won I contacted him asking if there was anything I should know damage wise (previous damage was mentioned also) and he said there was a 'chip' in the windscreen. I thought fair enough as I could repair that. Asked him why he was selling it cheap and he said he wanted to get a better car in time for xmas and wanted it sold quickly.

I was planning to go pick it up this morning and did a HPI check just to be clear. I dont want to pay ?7 until i am certain im buying it. It came back as a insurance write off and I was horrified.

I quickly phoned him up asking him again what damage the car had received and he said just the chip. I said it had been written off then he came out saying it was a cat D and it was purely down to paint and bonnet damage. Cosmetics etc.

I was getting a very bad vibe from him and his 'honesty' and havent bought it. He was completely dishonest and avoided questions about the car and its history. I was unsure with the safety of the vehicle and didnt want to drive a faulty vehicle 100+ miles.

Now he wants to get me off ebay. Do I have a case in my favour? He says I rushed in without finding out the full facts when I went by the advert and didnt go contacting him until I was in a position of buying the car.

Do I have any standing?

http://cgi.ebay.co.uk/ws/eBayISAPI.dll?Vie...em=130272855136

[Sophism]

sure do, it sounds like those pictures are not of the actual car or they are from before the damage. So i would say so

[xXys0seriousXx]

If he was not disclosing truthful information before or after the "agreement" that is shady. You certainly have a right, here i the states a dealer MUST give you a CarFax report showing any and all damage on the car before you can buy it. It is the sellers responsibility (morally as well) to be honest about the condition of the vehicle.

[shihchiun]

I don't know if eBay Motors special rules or regulations, but I would say probably not. When you used Buy It Now, you entered into a contract. Unless the car is significantly different from what is pictured, you may be stuck with it. He didn't put much in the description either, so unless you can find something that was false...

[Asdfgav]

?1900 for that with less than 40k miles, of course there is something wrong with it!

http://www.parkers.co.uk/cars/used-prices/...74&plate=69

Parkers say that for a good private sale you are looking at nearly ?3k, and that is with around a 60k mileage. This is how so many poeple get ripped off with second hand private sale cars! Glad you did the check though, could have been an expensive lesson.

With regards to Ebay, just see what happens. If they contact you then explain what you have said in your OP and I doubt they will take any action against you. You could also forward them the HPI check so they can see that it has been declared an insurance write off.

[shihchiun]

Here's what I see happening: If you don't pay, he will file an unpaid item report. eBay/PayPal will then come to you for the money. You can show them the proof that the car was an insurance write off, but the item description never said anything to the contrary. Everybody probably knows that you're getting screwed, but the seller hasn't technically done anything wrong, as far as I can tell.

[Brandon]

Here's what I see happening: If you don't pay, he will file an unpaid item report. eBay/PayPal will then come to you for the money. You can show them the proof that the car was an insurance write off, but the item description never said anything to the contrary. Everybody probably knows that you're getting screwed, but the seller hasn't technically done anything wrong, as far as I can tell.

Uhhh... yes he has. He withheld very important information.

Its like selling a computer that overheats as "good condition"

[shihchiun]

If you describe an overheating computer as being in good condition, then you're deliberately misrepresenting the item (although you could argue that good condition doesn't necessarily mean that it functions properly).

All the description says is that it was used. There was absolutely no mention of condition. For all we know it might not even run.

I don't think the OP will be successful if it comes to an item not as described dispute, because there is no misrepresentation. If a buyer assumes that the car is fine, that's unfortunate, but the seller didn't do anything to suggest that it was.

When I talk about right and wrong I'm talking about eBay rules, not ethics or morals, which aren't defined by eBay.

Edited December 5, 2008 by shihchiun

[TheKindred]

here i the states a dealer MUST give you a CarFax report showing any and all damage on the car before you can buy it.

Maybe in your state but that is not a national requirement. It is highly encouraged. Studies have shown that dealers who do include a CarFax history report sell their used cars faster and for more money.

In response to the OP. Yes the man is wrong, no you do not have to pay. Take the no payment bidder hit and move on or create a new ebay account. Niether are ideal of course, but unless eBay officials side with you and claim understanding and wipe it under the rug you are stuck with the situation.

I do not understand why you wouldn't have gotten this HPI report prior to bidding. And why you did not contact the seller more prior to bidding.