Out Of State Buyer

[TRJOANNA]

What is the name of your state?What is the name of your state?Oklahoma

I purchased a salvage vehicle, (02/17/05), on eBay. The seller verbally claimed the title was processing through the PA DMV at the time of sale.
Unfortunately to my knowledge, the seller posted this vehicle
for sale TWICE on eBay. The seller has not provided a legal bill
of sale; dealer's reassignment; nor titling for this property.

I am in a great deal of frustration, as I allowed time to transpire, and
now am not able to file a complaint with PayPal, nor eBAy for this seller's
fraudulent behavior.

The seller now screens my phone calls, claims harassment, and states in
emails that it is MY problem, and they are not willing to work with me.
When I purchased this vehicle, it was with understanding that the title
would be arriving in the mail after preparation by the PA DMV.
Unfortunately, I have since contacted the DMV, and there is no record of
this procedure.
The seller now states that they claimed the vehicle was able to run, but
they didn't promise I would be able to receive the paperwork.

Is it legal for me to file a charge-back on my credit card? Can I file for legal procedures after signing an "As Is" document?

[JETX]

Originally Posted by Shelby6718

Was this purchase made from a licensed dealer or a private party? Did you receive the vehicle?

First, ignore those questions.... as they are not relevant to the LEGAL issues.

So, with that.... lets try to get answers to your questions:

Is it legal for me to file a charge-back on my credit card?

If the purchase was made to your charge card, yes. This 'right' is given to you via the FCBA (Fair Credit Billing Act).... but there are also restrictions.
The following is from the FTC website:
The FCBA settlement procedures apply only to disputes about "billing errors." For example:

* unauthorized charges. Federal law limits your responsibility for unauthorized charges to $50;
* charges that list the wrong date or amount;
* charges for goods and services you didn't accept or weren't delivered as agreed;
* math errors;
* failure to post payments and other credits, such as returns;
* failure to send bills to your current address - provided the creditor receives your change of address, in writing, at least 20 days before the billing period ends; and
* charges for which you ask for an explanation or written proof of purchase along with a claimed error or request for clarification.

To take advantage of the law's consumer protections, you must:
* write to the creditor at the address given for "billing inquiries," not the address for sending your payments, and include your name, address, account number and a description of the billing error.
* send your letter so that it reaches the creditor within 60 days after the first bill containing the error was mailed to you.

Send your letter by certified mail, return receipt requested, so you have proof of what the creditor received. Include copies (not originals) of sales slips or other documents that support your position. Keep a copy of your dispute letter.
Source: [url]http://www.ftc.gov/bcp/conline/pubs/credit/fcb.htm[/url]

Can I file for legal procedures after signing an "As Is" document?

Yes. You can file a lawsuit for any reason you want. After all, anyone can sue anyone else over almost anything.
The 'as is' statement would preclude your making a claim as to the condition of the vehicle.... but it would NOT apply as to their failure to perform as promised (to complete the sale by providing a valid title).