Problem with Ebay Seller

[bmwman]

Hi All

Hope this is the right forum here.

Could someone please confirm for me what constitutes a trader.
Is it someone who sells constantly. Or does it only apply if he sells a certain number of the same item and do these items have to be new.

[buzby]

There is no such definition - the seller will have to declare whether he is a 'business' user of the service, but as it is self-certification, it is the ebay seller that decides. If they are declares as 'new' then yes, they have to be - but I've seen refurbed items sold as 'new', so again it is up to the buyer to check the description. If it is sold as new, and isn't, then the buyer can return it as 'not as described'.

[barracad]

As Buzby says. it's difficult to tell. However, as a general rule if you buy something specifically to resell (even if it's only one item) then you are a trader and liable to pay tax etc.

If you're asking as a buyer how can you tell if a seller is a trader, then look through the items they are selling and have already sold - it should be simple to tell the difference between somebody who is having a clearout and selling their own second-hand items, as opposed to a trader who is selling goods for profit.

It is worth noting that the ebay classification of a 'business seller' has no legal meaning.

[bmwman]

Hi buzby

Thank you for the reply.

I shall now enlighten you more

I purchased an item of ebay described as "In a very good clean working condition". However after less than 5 minutes use it smelt of burning then smoke started coming out of it. Contacted seller who now says the item was sold as spares or repair.

This seller is not just selling oneoffs but seem to have a small regular turnover on secondhand electrical goods. Thus would Sale of Goods Act apply to him

[buzby]

If described as in ' working condition' then you have to at least get the benefit of use before it blows up! I'm not aware of SoGA applying to goods that are not new, I gather the seller has to warrant them or provide his own guarantee. If this isn't mentioned, then it cannot be implied there was one.

Depending on how long you've had it, I'd just pack it up and send it back (getting a receipt for posting it), and if you paid by PayPal, claim for it as not as described.

Barracad, I specifically bought some items to resell (they were sold in 20's and I only wanted 2 ) I may be a 'trader', but I'm NOT liable to pay tax unless I reach the required thresholds.

[bmwman]

item arrived Thursday used first time on Friday blu up Friday after less than 5 Minute use

[IdaInFife]

Hi,

can you give us the item number so we can take alook?


idax

[bmwman]

Hi
Item number is 220221200606

[barracad]

Originally Posted by buzby

If described as in ' working condition' then you have to at least get the benefit of use before it blows up! I'm not aware of SoGA applying to goods that are not new, I gather the seller has to warrant them or provide his own guarantee. If this isn't mentioned, then it cannot be implied there was one.

The SOGA does apply to second-hand items, but takes into account that the quality should be what you could reasonably expect given its age and how much it has been used. Therefore, where you may struggle to claim that something second-hand was not "fit for purpose" or "of satisfactory quality", you would certainly have rights if the item was not as described, as in this case.

Originally Posted by buzby

Barracad, I specifically bought some items to resell (they were sold in 20's and I only wanted 2 ) I may be a 'trader', but I'm NOT liable to pay tax unless I reach the required thresholds.

Of course. It was a generalisation, pointing out that you would indeed be classed as a trader, perhaps I should have added that you would be liable to pay tax where applicable - there are exceptions as you have pointed out.

[Bookworm]

I'm not aware of SoGA applying to goods that are not new, I gather the seller has to warrant them or provide his own guarantee.

Nonsense. The Sale of Goods Act applies to both brand new and second-hand goods – in both cases, they have to be of satisfactory quality.
However, what is satisfactory for something second-hand is different from something new -the test is whether you could normally expect this type of problem at the age the item was.

As for being a trader or not, as Barracad says, check his selling history and you'll soon know.

[Bookworm]

Sorry, Barra, typing at same time, but VM throttling is slowing me down a lot. I'll leave you to it.

[IdaInFife]

Well,

They do look like a trader as surley they do not have 10+ of the same hoovers to sell.

Your item was not stated for spares or repair.

Although ebay state you only have buyer protection with paypal there has been a few cases recently where buyers have started ebay dipsutes ebay have credited the buyers.

Start a SNAD via ebay.

I would advised the seller that they did not state in the listing it was for spares or repair, advise them that due to the fact they are a businees sller you are seeking for a refund or replacement


sellers stats:
Items Sold: 71.69%Total Value Sold: £3459.92Total Value Shipping: £1595.50Total Value Not Sold: £817.66Sold Item Fees: £95.01

Idax

[IdaInFife]

and those stats are for less then 4 months


idax

[bmwman]

Hi All

Thank You for your replies

Anyone known witch section of the SOGA covers this.

[Bookworm]

All of it, really, it just doesn't specify new or second-hand, just "goods".

[rps1969]

Originally Posted by buzby

There is no such definition - the seller will have to declare whether he is a 'business' user of the service, but as it is self-certification, it is the ebay seller that decides. If they are declares as 'new' then yes, they have to be - but I've seen refurbed items sold as 'new', so again it is up to the buyer to check the description. If it is sold as new, and isn't, then the buyer can return it as 'not as described'.

Hi

I can offer you a bit of advice. If the person(s) holds stock of any sort then he will be classes as a trader.

Look at is past sales and current listings and grab a screen shot. Then tell them you will see them in the small claims court.

Take a look here also, it will save you some time

http://www.adviceguide.org.uk/c_buying_at_auction.pdf