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TomMaryland

opinions on a sale

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TomMaryland
Help! I need opinions on what to do with a sale. I sold a 91 Broadmoor on ebuh to a guy with no returns or exchanges listed on it. About 5 days or so after the sale he calls and says he isnt happy and wants to return because it has a crack on one of the ears of the oil pan, and sent me a pic, i saw it and its there. I told him we'll talk after I get back from disney, but for his FYI I went over it with a fine tooth comb, cleaning and checking etc, and never saw a crack. I'm of a mind to go up there and see it for myself and talk to him. He's an hour away or so. What do you all think?

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PeppyDan
My opinion is and has always been "buyer beware". I also feel that if he picked it up in person and accepted its condition at that time with no conditions to the sale, along with the disclaimer you stated with it then it was a binding sale in whatever condition it was in. I always try to point out known issues to things that may not be obvious but things can be missed by me or anyone else and that is a chance the buyer is taking and it is after all a USED item. I am sure others will disagree with my thoughts but that's my 2 cents worth. Dan

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Talntedmrgreen
Yeah...only you can really tell how the situation feels. When I buy something as-is, unless something was intentionally hidden from me, the problems are my problems now. I might feel bad for someone who bought an issue from me, but if I never saw it, and the conditions of the sale were as you say, I'm not making the problem mine. Some folks will pull a fast one on you, even when you're doing the selling.

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toomanytractors
I always go by "as is-where is" with no warranty express or implied. If you sell a lot on e bay and are concerned about feedback it may be wise just to pick it up and return the funds. Then put the guy on the no sale list. Now, an observation: I have had a few instances over the years where I was convinced I was looking at a crack where there shouldn't have been one. Upon closer inspection I found that it was an imperfection in a casting. Might be worth your while to drive up and have a look for yourself. So here's 2 more cents worth--Good luck.

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perry
quote:
Originally posted by PeppyDan
My opinion is and has always been "buyer beware". I also feel that if he picked it up in person and accepted its condition at that time with no conditions to the sale, along with the disclaimer you stated with it then it was a binding sale in whatever condition it was in. I always try to point out known issues to things that may not be obvious but things can be missed by me or anyone else and that is a chance the buyer is taking and it is after all a USED item. I am sure others will disagree with my thoughts but that's my 2 cents worth. Dan
I agree dan. tell him to send you a pic. is it leaking oil ? . does it effect the way it run's ?. after a week or so he may just not like the mower or maybe his wife is not happy with his purchase sm01

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Brettw
Would this crack affect performance or be a real issue? This could very well be buyers remorse, therefor looking for an issue, any issue to cancel the done deal. Most importantly, if you had no idea of any issue or the crack, you sold in good faith, and he inspected it and took delivery. An unfortunate situation? Maybe. But not your issue, IMHO. That being said, if you feel that you should take the tractor back, then that is up to you. Bottom line: If you sold in good faith, and you do not have any guilt feelings, I believe it is his issue at this point, and I would agree with above posts. Give Cinderella a kiss for me too.

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TomMaryland
That fickle Cinderella! She met some young buck and moved off to wonderland on you! Anyhoo...I'd agree with you guys, and that is the stance I'm going to take when I go up there. In the pics I saw, no oil is leaking, clean, etc. He even said he mowed with it and it mowed great (of course ;)). He did also say he pressure washed it (ugh)...thats when he saw it, but swears he didnt wash it hot...........................

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RayS
With the buyer protection you will lose. I think they went that way because of years of shady sellers. There is one in Soutn Dakota that comes to mind. With feedback like that I would be ashamed of myself.

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BLT
He inspected it on site and from that point he assumed ownership. There was nothing to hide on your part. Whose to say that it could have fallen of whatever he picked it up with. I think in this case you have a valid argument.

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osenga
Call eBay !! Tell them da story and other then that I would let it be. And sure would not waste my time going there. In my point you show up he my think you might feel guilty and take you for a run. As is where is . So ya it's sold!!!!!!

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hotrodtractor
good luck I sell on ebay a bunch, Paypal will side side with him and you may be forced to return the money. Only way I have learned to prevent recourse if to have buyer paypal as "service" provided not goods. Hope this works out.

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rokon2813
In my opinion, he looked at it, he took it home, he owns it. However, as I've said many times, I'm a bit different. I would personally bite the bullet and offer to return his money if he returns the unit. Just make sure he understands, he bought it as is, you do not have to take it back. I would not drive anywhere to look at it, just let him bring it back and be cheerful and nice about the whole situation. Why?? Many people sell on ebay and elsewhere, just to get rid of things or make a bit of extra cash. I try to make a living at it. If your nice to them, many times they will remember and be repeat customers, and word of mouth is THE best advertising. Just my opinion for what it's worth.

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MysTiK
He owned it before he picked it up. At what point did he cease to be the owner. No way would I drive. and take ebay down w you. sm01. wow, that's playin dirty.cop Cheers to operating in good faith. This guy will not play fair. You may have to operate him in good faith. It's a sad story. It is also quite real. Not what I expected. Thanks for sharing. Keep it real.8D

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MikethePlumber
For me, I guess it would depend on how much he paid me for it. If he spent $100 on it, then I'd say he owns it and he gets what he gets for $100. If he paid me $1000 for it, then I would take it back as $1000 is a lot of money spent for it and I would feel obligated to give him his money back. My 2 cents....

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PGL
It seems a minor problem for an otherwise working tractor. Offer to pay him for a new oil pan if you like, it probably is not much different than the cost in gas and time driving to him. Point out that he bought a used tractor and quote the words in the ad. Read your ad carefully and see if you implied anywhere it had no problems - if not, he checked it and you didn't try to hide anything, so even though not required to, you will give hime something.

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TomMaryland
I'm going to call the guy today and see what his story is after a week. I doubt it will be different as he wanted to bring it back or file a buyer protection on it. I will be quoting the listing where it says twice no returns or exchanges, and how long we went over the tractor. He really did not get down into it while he was picking it up, and I'll also mention that as well. It really does sound like a buyer remorse thing, but we'll see! Thanks for all the advice, gents!

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chuckdog
In my opinion, if you want to be overly fair, let him bring it back to you, and then give him his money back. I wouldn't waste the time of going up there as you already stated he was buying it as is. I have some garden tractors and some large AC tractors, and there are quite a few times I have bought one and had that buyers excitement when I picked it up and overlooked a few things. But never have I called the previous owner up and asked for my money back and wanted to return it. If it was something I missed when I looked it over and made the deal, then that's my problem to deal with. I think it's buyers remorse and he's trying to get out of the deal. If you want to go overboard on being fair, offer to give him the money back if he returns it back to you, reminding him that you don't have to do it and that you're just trying to be fair about the whole matter, If he brings it back, fix it and relist it.

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