Buying on eBay

Solittle

Fleet Admiral
Joined
Apr 28, 2002
Messages
7,518
Lets say you are the winning bidder on a boat being sold on eBay. You go to pick it up and find that it is far from the condition that you expected. What are your obligations? Assume no gross misrepresentations.
 

orion25

Petty Officer 1st Class
Joined
Aug 7, 2007
Messages
386
Re: Buying on eBay

It really depends on the terms stated in the Ebay listing. If it said that the boat was in like new condition you have an out. If it said that the boat was used, comes with no warranty, and the buyer was responsible for verifying the condition then you are stuck with it. Even if it is sold As Is with no warranty you are stuck with it.

If you really do not want it you can walk away and hope for no negative feedback or offer the seller some cash ($25 to $200) as a "convenience" fee if they will not post negative feedback.
 

rwise

Captain
Joined
Jul 5, 2001
Messages
3,205
Re: Buying on eBay

Assume no gross misrepresentations.
My thought is you should have read the listing completly, and ask many questions. IF it was misrepresented then you have a leg to stand on!​
 

BoatBuoy

Rear Admiral
Joined
May 29, 2004
Messages
4,856
Re: Buying on eBay

I would negotiate with the seller to pay him/her some amount of liquidated damages for refusal to honor the auction. Negotiation would include feedback agreement. This amount would be the cost of a lesson learned.
 

Solittle

Fleet Admiral
Joined
Apr 28, 2002
Messages
7,518
Re: Buying on eBay

Interesting this ebay - - - You "buy" an item sight unseen and if you don't like it you pay the seller a penalty. We stress a water test here over and over but some would buy a boat without even seeing it.

Kinda what I thought. Not for me - -
 

i386

Captain
Joined
Aug 24, 2004
Messages
3,548
Re: Buying on eBay

Interesting this ebay - - - You "buy" an item sight unseen and if you don't like it you pay the seller a penalty. We stress a water test here over and over but some would buy a boat without even seeing it.

Kinda what I thought. Not for me - -

Site unseen is your choice. I'm sure he would have let you look at it before bidding. If it's not convenient for you to do that it's not the seller's fault (or eBay's).

The seller should accurately describe the condition of the item. You can also ask the seller questions prior to bidding. Your question and the sellers answer will display near the bottom of the auction.

Your bid is a "legally binding contract" to purchase the item.

Now, if the item does not match the sellers description or he misrepresented the item in any way then I would say you owe him nothing. I would take pictures too.
 

Gary H NC

Fleet Admiral
Joined
Dec 1, 2005
Messages
8,972
Re: Buying on eBay

Most sellers now do a non refundable deposit of like 500 bucks or so on boats.
So if you do not buy you lost 500 bucks!

I bought mine on Ebay as most of you know but i did go look at it and paid the guy cash in person.For the price i gave for it i could have parted it out and got my money back if i needed to.;)
 

Drowned Rat

Captain
Joined
Jan 20, 2004
Messages
3,070
Re: Buying on eBay

You say there are not "gross" misrepresentations. I would say if there are any misrepresentaions, by that I mean anything that is obviously different that what he advertised, then you have no obligation whatsoever. Take what he wrote literally and that is what you are bound to. Even minor misrepresentations are still misrepresentations and obviously not what you wanted.

DR<< Not a lawyer, but I watch Judge Judy alot. :) JK.
 

Wotknot

Petty Officer 1st Class
Joined
Aug 6, 2002
Messages
310
Re: Buying on eBay

You say there are not "gross" misrepresentations. I would say if there are any misrepresentaions, by that I mean anything that is obviously different that what he advertised, then you have no obligation whatsoever. Take what he wrote literally and that is what you are bound to. Even minor misrepresentations are still misrepresentations and obviously not what you wanted.

DR<< Not a lawyer, but I watch Judge Judy alot. :) JK.


And.........he did stay at a Holiday Inn Express last night....:D
 

ebry710

Ensign
Joined
Jan 29, 2008
Messages
981
Re: Buying on eBay

Lets say you are the winning bidder on a boat being sold on eBay. You go to pick it up and find that it is far from the condition that you expected. What are your obligations? Assume no gross misrepresentations.

What I like about eBay is that you have a chance to review feedback profile. You also have a chance to give the seller feedback. If you pay by Paypal you have dispute rights and even eBay gives you dispute rights. The descriptions of an old seller (100+ sells) should be better then a newbee. You also have a chance to ask questions of the buyer before the sell.

I bought my Marlin on eBay and I wrote to the seller a few times. I did not have any trouble.

People on eBay have different ideas of what is nice. A working saltwater fisherman may think a little corrosion is part of the turf, where as a purist may replace a rail because it is pitted.
 

Jerico

Petty Officer 1st Class
Joined
Sep 22, 2006
Messages
254
Re: Buying on eBay

I bought my Fabuglas off of E-Bay without seeing it in person until he delivered it. On the other hand I requested numerous pictures, requested up close pics if I saw something I questioned, and requested documentation to verify repairs that he stated had been done in the listing. The only two things that I didn't know up front were patched up trailer wiring and screwed up relays on the trim.

Do your homework first. Before bidding ask lots of questions and be willing to walk away if you are uncomfortable with the answers. If it doesn't meet you're "expectations", you're pretty well hosed. If it doesn't meet what has been presented and documented you probably have a shot at walking away.
 

cheburashka

Senior Chief Petty Officer
Joined
May 28, 2005
Messages
715
Re: Buying on eBay

I've bought two boats on ebay. Learned a lot in the process.

The first was a Glasspar G3 with a 35HP Mercury outboard. I asked every question I could think of at the time--are there soft spots in the floor, any parts missing, etc. Every answer I got was just on the correct side of true, without revealing the actual nature of the boat. Turned out it was wrecked. The lower unit was so corroded that it was completely useless. It worked, but it had bad seals and there was no way to get the old ones out. The power head ran, but was useless without the lower unit. Floor was solid, but under that solid floor was rotted stringers. Transom was solid, but only because someone had bolted an aluminum plate over it. In short, I got hosed. Moral--don't buy it because it looks cool thinking you'll be able to deal with it. I did eventually get it on the water, but it took a lot of fiberglass, a new transom, a new outboard, and an awful lot of labor.

The second was my current boat, a Glassply Donzi replica. This one was honestly listed, I communicated back and forth with the seller extensively, he offered to run it for me at pickup, and everything was very cool. Got it home and found out that Puget Sound hadn't been kind to the trailer and the cross-beams were rusted almost completely through in a place only visible with the boat off of the trailer. The seller refunded me most of the cost of a replacement trailer. Moral--find out everything you can about the boat you're bidding on, communicate with the seller, and when you pick it up, verify that it matches the description.
 

waterinthefuel

Commander
Joined
Nov 15, 2003
Messages
2,728
Re: Buying on eBay

Never buy a car without test driving it. Never buy a boat without a water test. Never buy a plane without a test flight....

I could go on and on. Take it as a lesson learned.
 
Joined
Sep 5, 2007
Messages
1,790
Re: Buying on eBay

Never buy a car without test driving it. Never buy a boat without a water test. Never buy a plane without a test flight....

I could go on and on. Take it as a lesson learned.

I dont agree with having to test fly an airplane first. you see as with a car or boat you cant afford to have a "BAD TEST FLIGHT"
 

mthieme

Captain
Joined
Oct 6, 2007
Messages
3,270
Re: Buying on eBay

Yeah, but he bought a boat, not a plane.
...which sounds like he has an obligation.
 

orion25

Petty Officer 1st Class
Joined
Aug 7, 2007
Messages
386
Re: Buying on eBay

I dont agree with having to test fly an airplane first. you see as with a car or boat you cant afford to have a "BAD TEST FLIGHT"

Also, maintenance on an Airplane is not suggested. It is required and the mechanics must be certified and they must maintain complete logs. See if your marine mechanic can tell you what services he did on a particular boat in 1994..................
 

NSBCraig

Lieutenant Commander
Joined
Aug 21, 2007
Messages
1,907
Re: Buying on eBay

Be careful cause there is a lot of scamming going on ebay.

If something is said to be there and not clearly in a photo there is a good chance it's not in the photo for a reason.

And don't expect much from dispute rights with paypal or ebay been there done that guy just kept changing his story and lying over and over.

End result even though he misrepresented the sale and lied to both paypal and ebay ( each time he communicated to them it was different so much that it was blatant) I learned a lesson and that's it.
 

mthieme

Captain
Joined
Oct 6, 2007
Messages
3,270
Re: Buying on eBay

I've been through the dispute process successfully several times. I've actually only been burned once - fortunately it was only a $7 item.
Feedback goes a long way in weeding out crackpots.
 
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