we purchased a car from ebay, descripton given for buyer was false to the actual condition of car when arrived. is this illegal of the seller to sell a car with false information for which he admitted to over the phone? have i got any legal right in the situation? is it against the trades discription act?
Answer:
You have a legal right and the seller may also have committed an offence.
Talk to the Citizen's advice bureau and also contact EBay, they might be able to help (though I doubt it).
Since you have spoken to the seller, is he prepared to take the vehicle back and give you a refund?
Also is he really a trader masquerading as a private seller. If he is a trader then you report him to the trading standards dept of your local council and they can take action against him.
As for recovery of your money, see the CAB
yes
Fraud is NEVER legal.
yes it is called false advertising if you still have the advertisment take it to a solicitor you have a case. good luck
i dont think you have mate, report him to ebay and give him bad feedback,
i bought a car from a dealer and the head gasket has gone, he wont respond to me , try trading standards online ,
to sell the car, no. to give false info, yes.
You got tons hope you saved the description though cause your going to need proof.
obviously
read the small print on e bay or contact someone.i shop on e bay but i wouldnt buy electrical equipment definatly not a car.or anything big like that
Yes. It could in some cases constitute fraud or in many other breach the trade description act, as items sold must be "as described".
You may have recourse through small claims court if you've had to spend money to repair anything that was described as being in good shape.
Other than that, bad feedback to Ebay may be your only recourse.
A suggestion for the future would be to have any vehicle you may be thinking of buying checked by a mechanic first.
You had every right to walk away and not complete the sale.
If you did not see the car prior to completion of sale then you have a case and best go to trading standards.
You should have a legal right because the car didn't match the description given. Therefore, its falsified information.
Good luck with getting it all sorted!
Of cause it is, but why did you buy it when it turned up and it was not as described.
Did you view the car before you bid for it?
Most cars sold on Ebay are 'sold as seen'. If you didn't go and see it, how the hell did you know what you were going to get?
You could sue for breach of contract by misrepresentaion, but my guess is you'd lose!
If they were a seller in the course of a business, you could take advantage of the Sale of Goods Act 1979. If they were a private individual, there are conflicting possibilities, from misrepresentation - which goes in your favour - and caveat emptor, which means "buyer beware". Why you didn't check on the condition of the car before you purchased it would certainly be flagged up.
Best thing to do? Get some legal advice, be it CAB or a solicitor.
it's a misrepresentation and the contract can be rescinded i believe
no its fraud but if he has given you a receipt marked 'sold as seen' there is little for you to do, the sensible thing would have been for you not to pay for the car in the first place and if he is a private seller you have little recourse
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