I Have Sold A Car And The Buyer Contacted Me A Day Later To Say He Has Put It Into A Garage And Wants Refund?

[RedKite]

I sold a car recently. The car was originally on ebay, but the buyer contacted me after the sale and bought it privately. He came a week later and spent three quarters of an hour inspecting the car before agreeing to the sale. He said at the time that he was a part time car dealer.
The following day I was contacted by the buyer to say that he has put the car into a garage and has a report of things that are wrong. He also said that the garage has dismantled some things like the clutch to look at the plate.
He is now saying that I had mislead him with the advert on ebay which had the car as having air con and it hasn't.
I have three issues:
1. He has inspected the car prior to purchase and had the option to not buy. does this constitute a sold as seen purchase as there was no written agreement.
2. Does having a garage meddle with the car invalidate any comeback as anything could have been changed/altered.
3. As he declined the purchase on ebay can the listing still be sited as misleading.

[woofgang]

If the buyer bought privately not through ebay then ebay won't care.

I am guessing he would need to take you through small claims to get the money back.

[factor-fiction]

The only concern I would have is that if you said the car had air conditioning and when he got home he found it hadn't, since that is a misleading description.

[Clanad]

For what it's worth, here in the U.S., they buyer doesn't have a leg to stand on. To claim that he bought the auto through Ebay is of no value.

However, having said that, I'm puzzeled by your statement "The car was originally on ebay, but the buyer contacted me after the sale and bought it privately". Does "after the sale" mean after the listing had expired? If so, you have no poblem with Ebay, but it would be to your advantage to print out everything having to do with the sale that's on Ebay. It will boldter your case if he pushes it.

I would concur with factorfiction, however, concerning the issue with air conditioning. Here, that would be a fairly good basis for the buyer to claim fraud even outside of Ebay...

[EDDIE51]

Clanad it is common for a buyer to see a car on ebay and then buy it privately.
Ebay charge 10% commision so people just cancel the listing on ebay and say ''item is no longer available'' and pay cash.
it is now nothing to do with ebay, the buyer looked at the car and decided to buy it , he had the chance to see what it had and didn't have.
I assume this is a private sale so the buyer has no comeback just tell him to take a run!
Remember with a private sale the rule is 'let the buyer beware' .

[tonywiltshire]

Unless you are a dealer, when you would be governed by the sale of goods act 1979 as amended, as a private seller you have no legal responsibility to the buyer other than the vehicle is roadworthy if it has not been agreed the purchase is for breaking or spares, you should however ensure you have good title.
As has been said the legal position in a private sale is caveat emptor (buyer beware).

[joko]

the fact that he says hes dismantled things and is a dealer makes me think hes swapped parts... he knows you would probably not have a clues what was originally in there.

although its foolish of him, to not go through ebay if this is his game because he has no guarantee of getting his money back

if he is really a dealer, then he should have known you never view a car without a mechanic with you.

[stanbesida]

You should contact Ebay with his details and warn them that he requested that you take the car off sale, tell them that he is a car dealer and what he has done.

[themas]

If he spent so long checking it over & says he is a dealer how on earth did he fail to spot there was no air-con?

That is not to excuse you - saying on e-bay that it had air-con when you must have known it didn't is quite clearly misrepresentation.

[Old_Geezer]

No expert but I'd have thought that as a private sale it was bought as seen. Of course if there is something hidden/dangerous that might be more serious and covered by law, but otherwise my guess is he's trying it on. I can't see that the eBay ad is relevant. It wasn't sold on eBay, he chose to come inspect for himself.

[BRIGHT SPARK]

Did you clearly state that it had air con...or did you tick the box in error?

[ToraToraTora]

just ignore, if the boot was on the other foot, hell would freeze over before he'd give you a refund. This does stink a little too, stripping it down etc, he could well have swapped parts out.

[DJHawkes]

what wording did you write on his reciept? I am hoping it said 'sold as seen'