Quote:
Originally Posted by clf
As Macafee points out, 'full payment and collection within two days' and 'viewing before the auction not after'. These are relatively standard requests on vehicle sales.
Your friend entered into a contract to pay an agreed amount (as with all ebay auctions). This is the price he has agreed to pay. I assume from a reader's point of view, he has viewed the car, and was happy with the condition. Therefore the bid he has offered (and won at), is the price he is contracted to and should pay.
If he has not viewed the car prior to bidding, he is still contracting himself to pay the amount based upon the pictures and description, unless he came to a prior agreement with the seller. This is NOT the seller's problem. The seller is more or less demanding a potential bidder views before bidding an amount the bidder is happy to pay for what they saw. What happens, (and I suspect what your friend was expecting to do), someone will bid, win, then try to knock off money for any issues (in the opinion of the bidder) on collection and payment of any balance. This not only wastes the seller's time, but also costs the seller money (ebay fees). The only way the bidder can avoid paying the amount agreed (contracted), is if the car was not as described. Viewing prior will eliminate any difference of opinion.
As I understand it, the seller could now pursue any winning bidder for the winning bid amount. I believe the wording of the ad would stand up in court. Although I think the fair thing to do would be for the seller to request any costs incurred from your friend (ebay fees). The seller may now have lost the chance to buy a replacement car, as they have to relist the ZTT.
It is not a scam. It was an unfair and unreasonable of your friend.
EDIT after post 3: if the terms were not listed, as I understand it, your friend is still liable for the full amount, providing the car was as described. I do not understand what the issue was though with him going to collect within a couple of days anyway (even if this time scale was not specified), it is not unreasonable. But it surely is only good sense to view before bidding anyway?
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When the bid was won it was made clear that we could not collect until tomorrow Saturday, Due to location and work constraints it was impossible to view the car.
Regarding being liable to the full amount yes that is correct and it was communicated that he would be paid in full tomorrow with a deposit in advance. That the winner of the bid never received any communication back regarding this (which we see as being reasonable) how would you make any progress?. As far as I know initial communications post sale were positive with nothing suggesting collection would not happen tomorrow, then no communication to three attempts to finalise a suitable deposit and collection arrangements. If the original advert had been worded as now at the initial bidding the approach would have been different but no doubt we could be collecting the car tomorrow if all was above board.
Again I an not stating there is something under hand only that members here should be careful given the withdraw with no further communication with the bid winner. It does look a good car and the bidder is disappointed and made communication with the seller stating his disappointment.