The_DADDY Posted October 27, 2023 Share Posted October 27, 2023 Scenario. A person sells a car in an online auction. The company who won the auction sends their agent to evaluate the car and make sure it's in the condition the seller stated. It was. The agent was happy, took the paperwork including the V5 and authorized the release of the money to the seller. He then drove off. About 90 minutes later the agent contacted the seller to say he had broken down. He then contacted the company who bought the car to cancel the payment. The car is now in a compound as the seller refused to accept it back as it's no longer their car. We're they right to do this? Is the seller entitled to the money? Your thoughts? Link to comment Share on other sites More sharing options...
cressida Posted October 27, 2023 Share Posted October 27, 2023 First thought the seller is in the right, but interested to know others' opinions. 2 Link to comment Share on other sites More sharing options...
Bargepole23 Posted October 27, 2023 Share Posted October 27, 2023 (edited) 19 minutes ago, The_DADDY said: Scenario. A person sells a car in an online auction. The company who won the auction sends their agent to evaluate the car and make sure it's in the condition the seller stated. It was. The agent was happy, took the paperwork including the V5 and authorized the release of the money to the seller. He then drove off. About 90 minutes later the agent contacted the seller to say he had broken down. He then contacted the company who bought the car to cancel the payment. The car is now in a compound as the seller refused to accept it back as it's no longer their car. We're they right to do this? Is the seller entitled to the money? Your thoughts? My thoughts are that if I was the seller, I wouldn't be handing over keys, V5 and any other paperwork until the money had arrived in my bank account. Anything else would be stupidity on the sellers part. Who are you in this scenario? Edited October 27, 2023 by Bargepole23 3 Link to comment Share on other sites More sharing options...
Jim Hardie Posted October 27, 2023 Share Posted October 27, 2023 In bricks and mortar car auctions the vehicle is sold when the hammer goes down providing it’s a runner. 1 Link to comment Share on other sites More sharing options...
Longcol Posted October 27, 2023 Share Posted October 27, 2023 25 minutes ago, The_DADDY said: Scenario. A person sells a car in an online auction. The company who won the auction sends their agent to evaluate the car and make sure it's in the condition the seller stated. It was. The agent was happy, took the paperwork including the V5 and authorized the release of the money to the seller. He then drove off. About 90 minutes later the agent contacted the seller to say he had broken down. He then contacted the company who bought the car to cancel the payment. The car is now in a compound as the seller refused to accept it back as it's no longer their car. We're they right to do this? Is the seller entitled to the money? Your thoughts? A real or hypothetical situation? 1 Link to comment Share on other sites More sharing options...
echo beach Posted October 27, 2023 Share Posted October 27, 2023 (edited) Caveat emptor, ‘let the buyer beware’. Providing the vendor hasn’t misrepresented the car or lied when asked questions by the buyer about the car then he/she has no comeback. echo. Edited October 27, 2023 by echo beach 1 Link to comment Share on other sites More sharing options...
The_DADDY Posted October 27, 2023 Author Share Posted October 27, 2023 22 minutes ago, Bargepole23 said: My thoughts are that if I was the seller, I wouldn't be handing over keys, V5 and any other paperwork until the money had arrived in my bank account. Anything else would be stupidity on the sellers part. Who are you in this scenario? Cheers for the reply. No it's not me but I agree with you, said the same myself 12 minutes ago, Longcol said: A real or hypothetical situation? It's a real situation sadly. Link to comment Share on other sites More sharing options...
Dardandec Posted October 27, 2023 Share Posted October 27, 2023 2 hours ago, Bargepole23 said: My thoughts are that if I was the seller, I wouldn't be handing over keys, V5 and any other paperwork until the money had arrived in my bank account. Anything else would be stupidity on the sellers part. Agree. When selling a car, I also ready type up, and print 2 copies of a receipt for payment for the vehicle. It goes along the lines of- Receipt for payment of car x Registration x This vehicle is "sold as seen" and comes with no warranty or guarantee. I get them to sign both and keep one myself. It did come in handy one time when about 2 weeks after a sale, a buyer returned to my house to inform me one of the door handles had stopped working and would I be prepared to do anything about it. I reminded them the car was "sold as seen" and comes with no warranty or guarantee, showed them the receipt they had signed, and I never saw them again after that. Link to comment Share on other sites More sharing options...
The_DADDY Posted October 27, 2023 Author Share Posted October 27, 2023 8 minutes ago, Dardandec said: Agree. When selling a car, I also ready type up, and print 2 copies of a receipt for payment for the vehicle. It goes along the lines of- Receipt for payment of car x Registration x This vehicle is "sold as seen" and comes with no warranty or guarantee. I get them to sign both and keep one myself. It did come in handy one time when about 2 weeks after a sale, a buyer returned to my house to inform me one of the door handles had stopped working and would I be prepared to do anything about it. I reminded them the car was "sold as seen" and comes with no warranty or guarantee, showed them the receipt they had signed, and I never saw them again after that. I agree entirely however, it's done and they can't turn back the clock. Anyway, the company have been in touch (after previously saying they wouldn't be) within a couple of hours of receiving an email from the seller who were demanding their money. Apparently they want one of their technicians to look at it to try and determine who's at fault for it breaking down 🙄 Link to comment Share on other sites More sharing options...
echo beach Posted October 28, 2023 Share Posted October 28, 2023 (edited) I’ve had two similar instances in my life as a seller. The first was a small caravan (a 1950s Bluebird Rambler to be exact). The buyer hitched it to his car and then drove off a a high kerb too fast and the caravan dropped quite heavily. He subsequently phoned to say a leaf spring was broken on it. I told him how it had happened. The second was an Austin Metro where a door lock broke. In both cases, even though I didn’t have to, I took the caravan/car back and refunded the money. After repairing the fault I sold both for a price higher than the original one. Happy buyer and seller! echo. Edited October 28, 2023 by echo beach 1 Link to comment Share on other sites More sharing options...
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