Bought a used car off Ebay, do I have any rights?

jk12345

New Member
Mar 10, 2009
1
0
0
Hi, I recently bought a car from ebay from a man that although is a business is not a motor dealer.

The car is described as "mechanically sound, with no knocks or rattles etc and has been well maintained, feels like a new car" However the car has major steering issues needing a new sterring column and rack, and new drive shafts and CV joints. I have contacted the seller to say I am unhappy and he has offered to refund me £80! (the car was £1000). The advert states that a full or partial refund will be given within 14 days if goods are not as decribed.

I have also looked on the internet and it seems to imply that when a car is bought privately, it is reasonable to assume the car will pass an MOT unless its being sold as scrap, aside from the mechanical issues, the car would not pass an MOT due to excessive chips on the winscreen and front lights (the owner is a rally entheusiast and I guess had been rallying the car) and it also must be as described (it is described as sound with no rattles or bangs)

The car is advertised as body condition being poor, where as it is worse than poor, it needs a full respray, and new bonnet bumper and 4 doors. The seller ensured the car was absolutely filthy when collected, thus hiding most of the damage. Finally the ad also states that he is selling the car as he only bought it whilst his was off the road, and now no longer needs it, this isnt the case, he infact went and bought another car immediately after selling this as he had no car!

As it is reasonable to expect a rally driver to have some knowledge of cars, and car not as described, do I have any comeback? Many Thanks
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Hi,

Did you buy it using "buy it now" or was it a bid that won? See this for the difference:

Online Auction Sites and Your Rights | Consumer Information

If you bought it from a business then it must be of "satisfactory quality" if you bought it from him and not his business the there is no quality requirement.

If you have bought the car from a private seller, who does not normally trade in cars, then there is no legal obligation on the seller to provide a car of satisfactory quality
Consumer Rights when Buying a Car | Consumer Information

The description covers both private and trade sales but it has to be significantly not as described. What is significant? Good question, words like 'feel', 'poor', 'well' are open to interpretation. Compare these to 100,000 miles on the clock compared to 10,000, red rather blue, Ford rather than Honda etc are in a different class. Ultimately, it would be for a court to decide and you could go down this route:

Making a Small Claim | Consumer Information

Hope this helps and let us know the outcome.

Tony

BTW If there was no mention of MOT in the description, it would be safer to assume that the car has not got one and the car is for scrap. There is no minimum quality for private second-hand car sales.
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Hi,

Did you buy it using "buy it now" or was it a bid that won? See this for the difference:

Online Auction Sites and Your Rights | Consumer Information

If you bought it from a business then it must be of "satisfactory quality" if you bought it from him and not his business the there is no quality requirement.

If you have bought the car from a private seller, who does not normally trade in cars, then there is no legal obligation on the seller to provide a car of satisfactory quality
Consumer Rights when Buying a Car | Consumer Information

The description covers both private and trade sales but it has to be significantly not as described. What is significant? Good question, words like 'feel', 'poor', 'well' are open to interpretation. Compare these to 100,000 miles on the clock compared to 10,000, red rather blue, Ford rather than Honda etc are in a different class. Ultimately, it would be for a court to decide and you could go down this route:

Making a Small Claim | Consumer Information

Hope this helps and let us know the outcome.

Tony

BTW If there was no mention of MOT in the description, it would be safer to assume that the car has not got one and the car is for scrap. There is no minimum quality for private second-hand car sales.