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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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recently brought a car which was for sale on ebay as good working

Customer Question

recently brought a car which was for sale on ebay as good working order had some major problems and is now parked on street useless. but i ended the auction early with the seller so ebay wont help.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is he a private seller?
Customer: replied 2 years ago.

yes


 


the car was registered on ebay through his personal name but when he signed the receipt he put hart cars

Expert:  Jo C. replied 2 years ago.
Thanks.

If he is a commercial seller then the sale of goods act applies so you would have a claim in the normal way. The fact that he sold this in his personal name doesn't mean this is not a commercial sale. It depends on the circumstances.

Even if he is a private seller you do still have a claim in misrepresentation. Ebay will not help because the deal was outside of ebay but you can still sue at the small claims court. The description on ebay is still evidence you can use against him.


Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69531
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

so just to clarify.


 


if he sold as commercial sale its better for me because im covered by sales of goods act.


 


if he is private seller not so good.


 


if you could tell me


how would i go about trying to sue him in a small claims court?

Expert:  Jo C. replied 2 years ago.
Yes thats right.

You can issue here

Www.moneyclaim.gov,uk

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