Where do I stand?

[yelofox]

I bought a car on ebay today - it was advertised as having ABS but when I showed it to my mechanic friend he told me the car didnt have ABS.

I payed cash for the car and the person I bought it off was a sole trader so IMO should have known what he was looking at.

Where do I stand with this - any help greatly appreceated.

[paraffin]

If a trader, he can be held responsible under the Trades Descriptions Act. (Contact Trading Standards)

If private seller, "caveat emptor" applies..

Contact him and see what he says.

[hc4361]

A private seller must make sure the vehicle is described properly so you are entitled to either a full refund or partial refund to reflect the lack of ABS, whichever you prefer, whether he is a sole trader or private seller.

[pink-kittens]

Ebay sale paid for in cash = no refund for you

Your mechanic friend should have gone with you before you paid not afterwards

You could re-sell it describing it as it really is

[yelofox]

Thanks for your quick replys

I emailed him and told him it did not have ABS and his reply was as follows -

I can only apologise if it hasn't. I took it in as a part ex and to the best of my knowledge it did have. As you know from coming to view we really had very little in the way of paperwork for it and I did explain in the listing it was a part ex hence why selling it through ebay. I am always as clear and honest as I can be with my listings.

Thanks again for your replys

[pink-kittens]

which means nothing i'm afraid
Even taken as part-ex he should have all the paperwork, not limited - what exactly does that mean BTW?

[yelofox]

I think he was refering to the car only coming wih its present MOT, no other paperwork.

[pink-kittens]

You have no log book part to send off?!
I hope you got an HPI check done before you paid for it?

[yelofox]

Yes it had a V5/logbook that has been sent and I have the new keeper supplement.

Just no paperwork/history apart from the current MOT.

[tamborine]

be glad you got the car. I paid for a picture of camera on ebay - as it said 'as seen'........no re-course!

[pink-kittens]

phew! lol

Realistically, you will just have to re-sell it yourself unless you can use it

[paraffin]

I don't know where hc4361 gets his/her information from but s/he's totally wrong. You have, unfortunately, no comeback in law with a private seller.

As I pointed out, "caveat emptor" or "buyer beware" is the criteria used in private deals. It means that the potential buyer has to satisfy him/herself that the car is "as described". Another description is "sold as seen."

Unless you can somehow persuade the seller to adjust the price you paid, you don't have a leg to stand on. Sorry.

[stoofur]

The person you bought the car from sounds like a trader if he took the car as part ex? So surely he is responsible under the Trades Descriptions Act?

[yelofox]

He is a trader - thats why I thought I might have some come back against him?

[stoofur]

What do you want? Do you want to return the car and ask for a refund? Or are you expecting to get some money off as the car didn't have ABS? Have you asked him if he is willing to refund/discount? I would have thought before bidding you would have already known the make and model of the car and so could have checked before paying what specs the car had.