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Purchaser complaint after 11 months
I sold an automative valve system to someone on eBay in April 2025 and he has now come back to me say it is stopped working. I am not a trader but the item was brand new and still in the box. Because I advertised it as brand new, he says there should have been a manufacturers guarantee, of which I don't have. I have asked him to raise a complaint with eBay so that they can advise as to whether he is entitled to a refund, but he has come back to me to say that they suggest he takes me to the small claims court, so he intends to start proceedings. Any advice would be very welcome.
9 comments
papso22
Mentor7 months agoYou need to be careful here. You have a private account but look like a trader in automotive parts. What you actually are trumps your ebay account type and as a business seller your buyer has legal rights against you for things like durability.
It may well be reasonable for that item to have lasted longer.
**peaseblossom**
Mentor7 months agoeBay won't do anything. They only allow 30 days for claims. It's too late for them to apply to their payment provider too.
They're mentioning small claims in the hope you will refund their money but odds are it won't be worth their while. Even if they do you would get the chance to put your side of things into the claim before the decision is made. As a private seller selling an unwanted item you won't be expected to honour a warranty.
magicn-22
OP7 months agoThank you for your kind response. Just to say, this is what he is saying to me: "It means you are selling with a false promise. Buying a brand new item must have the manufacturs warrant with the item if it in fact was brand new. There is nothing in your listings to say NO Manufacturers gaurantee, so when listing as brand new, the sellors assumes the gaurantee is in place. That would be false advertising then on your behalf."
**peaseblossom**
Mentor7 months agoSorry, I didn't check your other items and you do look like a business seller so the "only selling an unwanted item" won't necessarily apply. Do your items not come with manufacturer's warranties?
magicn-22
OP7 months agoWhilst I appreciate it might look that I am a dealer, I am not. I retired and moved house 18 months ago and have literally just been clearing out and selling on goods that I accumulated, through a previous Aquatic interest. Consequently, I have had some items that were purchased a few years ago and not used, so still remain Brand new, in their original packaging, and have no warranty.
**peaseblossom**
Mentor7 months agoFair enough. Then you won't be expected to provide a warranty.
magicn-22
OP7 months agoOnce again, thank you for your reply. However, my purchaser is disputing that my advert was misleading because I advertised it as being 'Brand New'. Because I had purchased it a couple of years ago, apparantly under the consumer protection law, its states that using 'New' for products of more than 6 months is generally considered misleading by advertising standards authorities, and on that basis he has a reasonable right to take me to the small claims court. So it looks like I will have to refund.
papso22
Mentor7 months agoHave you checked the source of that information yourself?
We have had many debates on the boards as to what new means and that has never come up before.
tobiasd4
Mentor7 months agoPrivate sellers are not liable for consumer rights.
Any refund you give is between you and buyer, ebay won't get involved.
Try contacting citizens advice, they are very helpful.