Ebay buyer changes mind on car purchase - MCOL claim

[tony12uk]

Hi everyone

 

I recently sold my car on Ebay. The gentleman came to pick up the car but when he arrived he made a few excuses and then refused to complete the purchase. After looking around Ebay forums one seller had the same problem and made a claim through MCOL. I wish to do the same and wanted peoples thoughts on this. Any transaction completed on Ebay is a legally binding contract and not for a viewing.

 

 

I believe first of all I need to send a letter before action. What should I put in it and are there any templates for one? Also, on Ebay the name of the buyer was a lady yet I presume it was her husband that used her Ebay account as it was a gentleman that came to complete the purchase. The address for the lady was also a works address and I believe that to be his works address. Where do I post/email the letter before action and then what information should I put on the MCOL form?

 

I would really appreciate someones help and opinions.

 

Thank you

 

Tony

[ashmk]

I would'nt waste you time doing any of that. Just report to ebay and a non-payer, claim your fee's back and relist the car remembering to add that buyer to your block list.

 

I say this because you will find yourself wasting time, money and getting stressed over this and you are likely to get nothing back.

 

Put it down to experience and move on.

[tony12uk]

The thing is I don't mind wasting more of my time to ensure that people like that respect the way things work and with this respect that when you click buy it now on Ebay, it is to buy it not to view it. This happened to me a few years ago selling another car and it isn't fair. And I believe it will be black and white and he has reneged on a contract then the court will find in my favour and I will get back any costs.

 

I just need a little help in the processes.

 

Thank you for your response and help though ashmk.

[labrat]

i beleave the terms and conditions on ebay for buy it now and auctions on motors are differnt to the rest of the site

 

and to be fair even if you took him to court you cant claim the full purchase price just any costs accrued (ebay fees etc)

[rebel11]

Have to agree with ashmk and Labrat in this instance.

[paparey]

Hi there tony12uk,

 

I have to say I have had exactly this problem and propose to pursue the non-paying winning bidder on a car I sold using a standard ebay auction recently. It is very frustrating that there seems to be very few people online that actually know what they are talking about in sufficient depth to be able to get the sort of advice I am after.

 

If you have had any luck I would love to know how you got on, but for the sake of clarity I will set out my position:

 

I listed a car on ebay NOT using a classified ad but standard no-reserve auction. As I understand it using either an auction or fixed-price (ie buy it now) type listing for a car is exactly the same as any other item, unlike listing it as a classified ad. By either choosing to to buy it now or by becoming the winning bidder a valid and binding contract is created between the seller and the buyer/high bidder. The buying party is legally obliged to buy the car at the agreed price - either the highest bid or buy it now price - and the seller is legally obliged to sell the car to the buyer at that price - no ifs buts or maybes, that is the deal.

 

As I understand it ,by choosing not to go ahead with the purchase the buyer is in breach of contract, and we as people stuck with the car are ready, willing and able to perform our end of the bargain. At this stage we would require the court to order "specific performance" of the contract, as we haven't already delivered the car and dumped it on them, which is unlikely. At this point we have no loss other than the non-performance of the contract and potentially the listing fee/final value fee. We have a duty to mitigate our loss and normally the way to do that would be to make a second chance offer to the next couple of highest bidders and if they don't want to buy the car then re-list it and hope it sells. I have been advised that we are then in a position to pursue the non-paying winning bidder for the damages stemming from their breach of contract - ie the listing/final value fees if applicable and the difference in the amount we got for the car and the amount we would have received if the original winning-bidder had gone ahead with the purchase.

 

I would welcome anyone's views on the above and whether anyone qualified to let me know if we have a suitably strong cause of action to make a claim.

[Bang!]

You can reclaim the sellers fees from ebay for a non paying bidder.

 

I have never sold a car on Ebay, but know the fees and/or terms differ slightly to other items, so you would need to check.

 

I know its annoying that some space cadet has caused inconvenience, but the way out with least inconvenience is just to reclaim your fees.

[paparey]

You can reclaim the sellers fees from ebay for a non paying bidder.

 

I have never sold a car on Ebay, but know the fees and/or terms differ slightly to other items, so you would need to check.

 

I know its annoying that some space cadet has caused inconvenience, but the way out with least inconvenience is just to reclaim your fees.

 

I appreciate the response but I have checked. Everyone seems to keep saying that terms differ for cars, that simply isn't the case. Listing cars in anything other than a classified listing is exactly the same as listing an old tshirt or any other item. This is the only difference:

"Certain eBay listings involve non-binding bids, such as items listed in Property and eBay Motors classified listings. A non-binding bid isn't a formal contract between the buyer and the seller, but it does represent a buyer's serious interest in buying the item. Insincere bidding isn't allowed on eBay."

 

It is only the classified ads that are different. I have already listed a non paid item and had no response from the winning bidder so have received a credit for the original final value fee. I have also relisted and resold the car so have not had to pay an additional listing fee. However, as the second time it sold the car went for £350 less I have now suffered and crystallized a loss of £350 and I have every intention of pursuing the person who reneged on their agreement to pay it. That's why we have such laws.

[my-spirit-soars-free]

Ebay does not give buyer protection on collection items as they state that collection items give the buyer the chance to check the item over. That, in itself, implies that the buyer is entitled to walk away at that point - and if they appeal any strike on those grounds it is likely to be removed.

[assisted blonde]

Why did he decide not to buy the car? I really dont think someone would travel to collect something and then walk away unless there was an issue with the product. Why dont you just offer it to the under bidder? or relist it or sell it through the classifieds in the local paper.