Missing feature costing £800+
Missing periods of service history where description said "history: yes" in an ebay classified ad.
claim no expense spared on maintenance etc. yet problems in many mechanical and body areas were done cheaply.
The seller used an agent., not me.
I collected the car after payment in full but before inspection of wither car or service and maintenance paperwork.
Missing description: some serious hidden faults that under ebay rules and practise should have been revealed, and botched repair to these areas conflict with "no expense spared "claim
parking sensors the car is a Lexus 4WD RX300.
There may be other features missing too
But this missing feature is of lesser importance than the service history. For example the car has been used in the sea and forest tracks, and is badly rusted underneath with bad exhaust suystem that could cost up to £1900 to replace; other faults due to bad maintenance history include brakes: parking brake cables alone quoted at over £600. Effectively the cost of restoring to "as described" state is greater than the purchase price of £5000.
Seller/owner -whom never met- claims entered the ad on ebay but it was most likely the agent, Agent says the missing feature fault was caused by EBay software which populated the features boxes when the reg # XXXXX input. Seller id is same as name of agent's live-in partner.
Agent received deposit into his bank account and balance went by banker's draft to owner on collection.
I would like to knopw whether use of agent in selling brings thiis transaction under the Distance Selling Regs. And specifically a precedent if possible. Seller's solicitor says Sale of goods act is not valid in this case. But other consumer advice sites (CAB/Which) say all distance selling must comform with description. But they do not quote the specific law reference.
Does ths info give enough background?
some but incomplete and none in last 4 years
this was not an auction. it was classified ad. the sale was completed outside ebay. but the purchase relied on the info in the ebay ad.
Thanks for your replies. They are very helpful. But is there any law or process that would enforce this type of deal of private seller to private buyer? And what claim if anything, might I have against the agent?
Thank you again. I had not properly understood your para on misrepresentation.
What is my next step? Can I first make a detailed case on the misrepresented facts including the hidden items such as by supplying photos?
Do I need a lawyer to start the process or to represent me, and what might the cost of such if no satisfactory agreement might be reached.
Would your service extend to drafting a reply for example?
Are you jomo1972? is that an id that wd find you again?
This is my first use of this type of quick advice, what do you mean above, by: "and then I will give you related information for free?"
I rate your advice excellent.
I paid £5000.
The cost of passing next MOT might be £3000 due to damaged underbody and exhaust.
If I could reverse the sale by winning an argument with the solicitor (rather than going to court) that would be my target to avoid the hassle of endless garage bills.
As a worst case to keep the car I could accept payment for the missing main feature (sensors - because I have a neck problem, an 79 years old, and cannot turn around in order to reverse safely), plus an additional sum for repairs - say £2.5k minimum. That might be a tall order for the seller(s) to stomach.
A final query Remus
Would it be possible to 'chase' separately the agent for misrepresentation, and what would be the basis of a monetary settlement? Unrecovered loss from seller?
Do you mean nothing would be recoverable from the seller/owner who employed the agent?
Or from the Ebay "seller" who according to the ebay item "assumes all responsibility for this listing"?
Or a combination?
Seller's solicitor says he employed an agent; the agent emailed to say he was a friend and not an agent.