Caravan problems

[WILKINSS208]

Hi

Can anyone help?

I sold my caravan on ebay as an auction. The highest bidder won and came and purchased it last Sunday. They fully inspected the van. I had noted some points on my auction of things that needed work doing to it or was damaged.

Now they rang tonight to tell me the caravan has damp. They removed a blind (not sure why as fitted on wall) and they claim the wall is 'mushy' and their finger went straight through the wall.

What are my rights here??

[dpick]

Hi not sure on this but my feeling is if you are not a dealer then on ebay it is buyer beware. IE they have the opportunity to inspect and reject.

 

dpick

[totiesquoties]

HI WILKINSS208,

are they asking for their monies back? have a look on e bay and check all your rights on there as an auction and then if still not sure go to the citizens advice bureau before you do anything and see what your rights are, but they should be on ebay

[perplexity]

Hi not sure on this but my feeling is if you are not a dealer then on ebay it is buyer beware. IE they have the opportunity to inspect and reject.

 

Section 210 of the Enterpise Act defines a consumer.

 

It means that goods are or are sought to be supplied to the individual (whether by way of sale or otherwise) in the course of a business carried on by the person supplying or seeking to supply them, and a "business" includes "any undertaking in the course of which goods or services are supplied otherwise than free of charge".

 

[WILKINSS208]

I have contacted CAB and awaiting reply.

I have also contacted ebay who said I did not have a return policy on my auction so its completely up to me if want to help buyer or not - but still worried

[totiesquoties]

hi,

if e bay have replied, you can show this to your buyer as proof, or direct them to the e bay webpage that this states that there is no return policy on the auction. it is only natural you are worried, but try not to be, and show them or direct them to this part/ totiesquoties.xxx

[WILKINSS208]

thanks, but in my honest opinion I sold as not knowing there was or if there was damp in the van.......the van never smelt, wasnt wet or had mushy walls like he said. now he has damaged walls, i am hardly going to accept it back after he has damaged it

[perplexity]

I have contacted CAB and awaiting reply.

I have also contacted ebay who said I did not have a return policy on my auction so its completely up to me if want to help buyer or not - but still worried

 

 

In other words, they wash their hands of it; they don't want to know, which is not a surprise.

 

Transactions concluded on eBay are not auctions, nor is eBay an auction house. At an auction house the auctioneer is responsible for the sale, a liability that eBay categorically denies.

 

An individual is not in any circumstances to be regarded as dealing as consumer where the goods are second hand goods sold at public auction at which individuals have the opportunity of attending the sale in person, but that is not a description of eBay.

 

You are deluding yourself if the hope is to take no notice, whatsoever, and be entitled to get away with that. A buyer could sue in any case, over a private sale or a business contract.

[totiesquoties]

i understand, of course you do not want to give any monies back as you say, you sold in good faith, but if, and IF they, he, or she, get nasty, you then have your back up reply ready as e bay have confirmed. stick to your guns, and good luck.xxx

[perplexity]

i understand, of course you do not want to give any monies back as you say, you sold in good faith, but if, and IF they, he, or she, get nasty, you then have your back up reply ready as e bay have confirmed. stick to your guns, and good luck.xxx

 

 

Are you kidding?

 

eBay owns no authority to affect the contract of sale, none whatsoever, but rather prefers to disclaim at every opportunity:.

 

eBay.co.uk is a venue that allows anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as shops, fixed price formats and auction-style formats. We do not review users' listings or content and are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the truth or accuracy of feedback or other content posted by users on our sites, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

http://pages.ebay.co.uk/help/policies/defam.html

[raydetinu]

It depends on far they wish to take it, their only option is to take you to court for it being 'not fit for purpose' or 'not as described'

do not know much about caravans but if it is a matter of a repair or even drying out and airing ( how much in relation to cost of van) then it would be down to them if this is only a small amount.

it is pretty much caveat emptor.

[perplexity]

It depends on far they wish to take it, their only option is to take you to court for it being 'not fit for purpose' or 'not as described'

 

 

The option exists to prosecute the offence of misleading, whatever became of an eventual transaction.

 

A civil action would be for breach of contract and may not be so likely to succeed if the buyer had the chance to examine the goods before the purchase, which is not to suggest that this was in fact the case.

 

I wonder how the buyer would have reacted if he turned up to see the thing and the seller announced that it was sold to somebody else. When a seller expects a sale on eBay to commit the buyer to purchase, it is fair and reasonable to expect the description of the goods to be complete and accurate.

[WILKINSS208]

thanks for everyones replies, appreciate it.

I await their further calls if they do decide to press further - let u all know

[totiesquoties]

your welcome, god bless totiesquotiesxxxx p.s. i had a tourer caravan and the damp you could see, but was easy to fix, we did it ourselves.