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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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On an EBAY site I paid an offer price car.(£2,400) The

Customer Question

On an EBAY site I paid an offer price for a car.(£2,400) The seller accepted my offer. I paid the seller immediately with my debit card. The next day in the morning I again spoke to the dealer about the car, I asked if the car had a full service history and could he confirm that items of maintenance had been completed as per manufacturers recommendations, i.e. he could not confirm this from the partial service record. I then retracted my offer, he then said that he was keeping my money until he had again sold the car Ebay. Which is again offered on the site. When I paid over the money was the car legally mine? or not until I turned up at the dealership to collect it ? He didn't empty my account until after I had recinded my offer and is now selling the car again, is he guilty of theft of my money?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
No, he isn't Im afraid. This is a civil dispute.
You cannot retract an offer made in these circumstances. Once you submit an offer on Ebay and that is accepted then you are locked in. There are no options to rescind it later.
You may have had an argument in misrepresentation over the service history but that doesn't apply because those conversations were subsequent to the offer and acceptance.
He does have a binding contract with you and does have a claim in breach. However, he still has the vehicle to sell and is under a duty to mitigate his loss by selling for the best price he can get. He may have a claim against you for the difference in the you agreed and the price he has to accept but that is not likely to arise.
You could sue him for the money. There would be a reduction for admin issues but you do have a claim for the money because he has to mitigate his loss.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

When the dealer took my money surely the car belongs to me? how can he legally sell it as he has no losses?

Expert:  Jo C. replied 2 years ago.
When you offered and he accepted you were both locked into a contract.
He should complete with you but if he sells elsewhere then he has to return the money.
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

So if I now contact the dealer is he bound by our contract to give me the car? was under the impression that there is a cooling off period of two weeks after a purchase or a contract to buy some thing?

Expert:  Jo C. replied 2 years ago.
No, he is obliged to either give you the car or return the money if he does not intend to do that.
There isn't a cooling off period unless you agree one or the DSR applies which does not on Ebay because it is an auction.