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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I sold a vehicle on ebay and the buyer asked if we could deliver,

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I sold a vehicle on ebay and the buyer asked if we could deliver, I advised I could but for a fee. When we took the vehicle there and upon inspection he advised that one tyre was not good and that there may be a problem with the gearbox.He accepted delivery and paid the driver the delivery cost. After 24 hrs he advised he wasnt happy, so we had a new tyre delivered and found a garage to look and correct 1st gear. We advise we would refund him £250.00 to cover the cost. A couple of days later he changed his mind again and asked for a refund. I advised we would refund his fee for the vehicle but he would have to get it returned. He asked if we could collect I advised I could but again he would have to pay the amount as before. He agreed and we collected the vehicle. We refunded his money for the cost of the vehicle. A few days later her asked for the delivery and collection fee refunded. We contracted someone to do this for him so we have paid our supplier. Do I have to give him his money back ?
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Was this a private sale or are you a dealership?
Customer: replied 1 year ago.

No we are not a dealership we are a Building and surfacing company and we was selling one of our own vehicles.

Expert:  Jenny replied 1 year ago.
Ok did he have the chance to inspect the vehicle when it was delivered?
Customer: replied 1 year ago.

Yes he did and was aware of the faults as he advised them. he still wished to purchase the vehicle. He noted the alleged problem with the tyre and gearbox.

Expert:  Jenny replied 1 year ago.
Legally you did not have to refund if he was aware of the faults prior to purchase and decided to purchase.
You have no obligation to refund the delivery and collection cost if he agreed to them in advance.
The position might be different if he could argue you misrepresented the vehicle in some way to him. On the basis of what you have said this is not relevant to the situation he has simply changed his mind.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.

The Buyer paid for the vehicle before delivery. When we delivered the vehicle he advised of the faults he had found. I did advertise with good gearbox and tyres as we was unawre of any faults until he advised them.

He called me and advised the problems but said" they are small problems and he was happy with the vehicle"

This was a 20 year old vehicle sold at a cheap price to sell. Approx £3000 below normal book price

Expert:  Jenny replied 1 year ago.
This slightly complicates matters due to the fact that he purchased the vehicle on the basis of a statement as to the quality of the tyres and gearbox that turned out to be untrue. However once he was aware of the faults he did not immediately reject the vehicle and he accepted the fact that there would be a collection charge.
If he tries to bring a claim that he has suffered a financial loss as a result of a misrepresentation then it may be cheaper in the long run for you to refund him the delivery costs.
I would suggest that in the future if you try to sell the vehicle again you refrain from making false statements in the advert about the gear box and tyres.
Customer: replied 1 year ago.

We didnt sell the vehicle intentionally with the faults he pointed them out when it was delivered. He contacted me while the carriers were there and he could of refused delivery and we could of brought the vehicle back , but he was happy with the sale at this point.

Expert:  Jenny replied 1 year ago.
I'm confused earlier you said that the EBay advert said that the 'tyres and gear box were good', was this the case?
Customer: replied 1 year ago.

As far as we were concerned they were as we had been using the vehicle ourselves and had not been advised of any faults. The driver had not advised any faults and they have to fill in a defect sheet every day and these faults were never advised to us. So when I advertised it we was NOT aware of any problems.

Expert:  Jenny replied 1 year ago.
Ok understood, what is the value of the delivery and collection costs?
Customer: replied 1 year ago.

The cost was total of £900 incl vat as we are in suffolk and he is in Bristol.

Expert:  Jenny replied 1 year ago.
Ok thanks, ***** ***** point in dealing with this is to say that he could have rejected the car immediately but accepted the delivery knowing that the faults were there. He also agreed to the collection and to pay the collection cost prior to you arranging collection so there can be no argument that this should now be refunded.
You should state that you were under no legal obligation to refund the vehicle in the first place as he accepted delivery of the vehicle and did not reject it when the faults were apparent, however you have already exercised good will in refunding the vehicle.
Hopefully if you are firm he will not try to pursue you.
He may try to bring a claim through the courts on the basis of misrepresentation. If he does you will have to take a view as to whether to defend this or not.
If you have any further questions please do ask. If I have answered your quesiton I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.

Many thanks for your help

Is there any way I can save these details.

Expert:  Jenny replied 1 year ago.
Hi you can log on and see the question at any time.
I would be grateful if you would now take the time to rate my answer as I am not otherwise credited for my time.
Do come back to me in the future if you need to.
Many thanks and all the best with it.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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