I've just bought a 156GTA woohoo!

Originally Posted by chrisd_b

Then its a done deal mate.....
Don't take it lying down....

What He Said !!

Joe, it says on the guys add that “A DEPOSIT OF £1,000.00 WILL BE REQUIRED IMMEDIATELY THE AUCTION IS ENDED.”
The auction ended 3 days ago and the other bidder has not paid a deposit immediately and he has taken your deposit, I think the car is down to you. If you want the car get the money together and get your ass up to Wales and collect the car ASAP.

Ned

I think you need some legal advice here. I have no idea which contract takes precedence.
Did the eBay listing have any small print about time taken to pay deposit which means the sellers contract with the eBay buyer is void? If so, then the car is legally yours. If not though, he has an earlier contract, so possibly has more claim to it than you.

I wouldn't be too harsh in your dealings with the seller yet - it seems at face value that he has done everything in good faith, it's just things have gone pear shaped.
Good luck!

Originally Posted by Autolusso

Joe, it says on the guys add that “A DEPOSIT OF £1,000.00 WILL BE REQUIRED IMMEDIATELY THE AUCTION IS ENDED.”

Looks like Ned got in there before me. This is exactly the sort of small print I was referring to.
The seller is within his rights to tell the original buyer than he did not meet the criteria for the sale, and therefore he has sold it elsewhere, and this is what he should do in my opinion.

Originally Posted by bazza

Looks like Ned got in there before me. This is exactly the sort of small print I was referring to.
The seller is within his rights to tell the original buyer than he did not meet the criteria for the sale, and therefore he has sold it elsewhere, and this is what he should do in my opinion.

Eactly my thoughts...

He's calling me back in the next hour.

No guys....small print does not come into this at all....

A legal contract exists as the seller has accepted the £500 quid as a deposit...

He broke his stipulation on the detail of acceptance for sale....

just the same if a delaer or ned accepted a lower value and took the money even if your T's & C's suggested a higher amount.

The law and legal argument was tightened in this area during the many gazumping issues in the housing market...

Taking the guy to court may not be an answer but you can take steps or threaten steps that make this guy wary of shafting you on this...

Chris

Just adding some sobriety to this. You got this car cheap but are you sure its a good car? Just cause its cheap doesnt mean you got a massive bargain although I hope you do.
Seriously, I'd never ever buy a car on ebay especially a GTA without getting it checked out. It could cost thousands to sort.

Sounds like a shiester Hit him hard Joe

Originally Posted by Squadrone Rosso

Sounds like a shiester Hit him hard Joe

Nice considered post there Simon

Originally Posted by ohwell

Just adding some sobriety to this. You got this car cheap but are you sure its a good car? Just cause its cheap doesnt mean you got a massive bargain although I hope you do.
Seriously, I'd never ever buy a car on ebay especially a GTA without getting it checked out. It could cost thousands to sort.

Sale was also on condition of him supplying me the registration plate and more detailed photos of the car. Especially the engine bay and drivers seat....


Watch this space. He still hasn't phoned.

Originally Posted by chrisd_b

No guys....small print does not come into this at all....

It surely does.
Consider if the eBay advert had no stipulation for receiving the deposit within a certain time. The seller at some point has to decide that an unreasonable amount of time has passed and place the car up for sale again, sells it, takes a deposit. But then the original buyer comes back with his deposit. the original buyer has broken no stipulations, so a contract exists between him and the seller for the purchase of the car.

Clearly this doesn't change the fact that Joe has a legal claim on the car, but it very definitely changes whether the original buyer has a legal claim. How do you decide whose claim is the stronger?
You could claim that the seller is contracted to supply each buyer with a GTA, but that is a sheer impossibility and helps out no-one.

Since there IS small print, and the first buyer demonstrably has NOT obeyed the terms of the contract, it is clear that Joe's claim is the stronger. Hence the small print has made a significant difference to the difficulty of sorting the issue out.

Hope it works out bud

Fingers crossed - you don't want to come so close to having one only to have it slip away.

All the best,

Nigel

What a shame. Hope it works out for you, sounds a bit dodgy to me..

I'll be the most gutted man in London today if this doesn't go in my favour.

Bazza:


If he has been given a deposit as OA has said as £500. then he has accepted this as a sale at the price agreed and with a deposit agreed.

If he wanted to hold out for £1K he should have done so - so he has negated the small print...by accepting monies for sale of an Item...

But OA my gut just says that you asked to see more details and photo's etc...

Perhaps this has spooked him - for what reason you need to ask yourself


Chris

Tune in, in 15 mins to find out what happens folks..

Joe

Come on then.......you said 15 minutes

Worse than Coronation Street this....

Now I'm getting ****** off. The other buyer still hasn't paid for it, the seller has just told me to wait. I told him I was impatient and really wanted to know what was going on.

I really feel that they were not happy to sell it at that price.

It's just like that 1.6 147 I bought for £2500 a couple of months ago and the guy told me he had already sold it.... which was crap as I know he hadn't....

Fecking Ebay.

I've spent £20 advertising my car on the bay too now. So all in all it's looking doubtful that I'll get a GTA and that i'm 20 quid down for my troubles....... (ARGAHRGGHAHRGHH!)

That's ed up Joe

Originally Posted by chrisd_b