Bought a car on eBay, badly misrepresented

[macx]

What is the name of your state (only U.S. law)? Missouri

Several years ago I bought an 81 Corvette over eBay - this was before
they started the big Buyer Protection thing.

I work away from home on big construction projects so don't get to spend
much time at home. So my time to work on anything is very limited -
just a few days a month at most.

Took me a little while to read up on that year Corvette and to start checking
it out carefully.

Found it had been very badly misrepresented. I still have the online eBay ad that very clearly states the only things wrong with it (minor, of course), as well several emails from the seller answering questions I sent about the condition of the car prior to the purchase. When I had time to get under it and start checking, I found numerous expensive mechanical problems. Everything from the complete rear suspension, rear hubs and brakes (which are a unique and expensive Corvette-only item), body mounts (the body has to come off of the frame) and even rusted out door posts in the fiberglass of the body.

I kept meticulous records and took many close-up pictures, both of the bad parts before I removed them as well as after. Then I researched the going prices at the time, from relatively inexpensive Corvette restoring specialty vendors, for the parts that need replacement that were not divulged in the eBay ad. I then made a list of what needed repairing and took it to a reputable classic Corvette restorer in the area for a labor estimate.

Problem is, I would imagine there's a statute of limitations?

It is very clearly fraud - i.e. the wheel well areas that could be seen without removing the tires were spray painted. It was also obvious that some exhaust work had been recently done on the car so the rusty frame and nearly completely shot rear suspension would have been very obvious. Especially since the owner was finance manager at a Chevrolet dealership so there's no way he didn't know about the various problems.

The parts and labor to correct the problems not divulged in the eBay ad total up to nearly the cost of the car - around $9,000. It has been totally undriveable since I got it home.

First, what is the statute of limitations.

Second, if I can still pursue this, what would be the recommended route?
I have plenty documentation to file a case with the FBI Internet Fraud division, and to file a criminal complaint with the appropriate prosecuting attorneys. The car was purchased in a suburb of Cleveland, OH.

Thanks very much!

[Antigone*of*Greece]

Originally Posted by macx

What is the name of your state (only U.S. law)? Missouri

Several years ago I bought an 81 Corvette over eBay - this was before
they started the big Buyer Protection thing.

I work away from home on big construction projects so don't get to spend
much time at home. So my time to work on anything is very limited -
just a few days a month at most.

Took me a little while to read up on that year Corvette and to start checking
it out carefully.

Found it had been very badly misrepresented. I still have the online eBay ad that very clearly states the only things wrong with it (minor, of course). when I had time to get under it and start checking, I found numerous expensive mechanical problems.

I kept meticulous records and took many close-up pictures, both of the bad parts before I removed them as well as after. Then I researched the going prices at the time, from relatively inexpensive Corvette restoring specialty vendors, for the parts that need replacement that were not divulged in the eBay ad. I then made a list of what needed repairing and took it to a reputable classic Corvette restorer in the area for a labor estimate.

Problem is, I would imagine there's a statute of limitations?

It is very clearly fraud - i.e. the wheel well areas that could be seen without removing the tires were spray painted. It was also obvious that some exhaust work had been recently done on the car so the rusty frame and nearly completely shot rear suspension would have been very obvious. Especially since the owner was finance manager at a Chevrolet dealership so there's no way he didn't know about the various problems.

The parts and labor to correct the problems not divulged in the eBay ad total up to nearly the cost of the car - around $9,000. It has been totally undriveable since I got it home.

First, what is the statute of limitations.

Second, if I can still pursue this, what would be the recommended route?
I have plenty documentation to file a case with the FBI Internet Fraud division, and to file a criminal complaint with the appropriate prosecuting attorneys. The car was purchased in a suburb of Cleveland, OH.

Thanks very much!

You're kidding right

You bought a used car... it was an "as is" sale...even back then.

[Zigner]

Originally Posted by macx

What is the name of your state (only U.S. law)? Missouri

Several years ago I bought an 81 Corvette over eBay - this was before
they started the big Buyer Protection thing.

I work away from home on big construction projects so don't get to spend
much time at home. So my time to work on anything is very limited -
just a few days a month at most.

Took me a little while to read up on that year Corvette and to start checking
it out carefully.

Found it had been very badly misrepresented. I still have the online eBay ad that very clearly states the only things wrong with it (minor, of course), as well several emails from the seller answering questions I sent about the condition of the car prior to the purchase. When I had time to get under it and start checking, I found numerous expensive mechanical problems. Everything from the complete rear suspension, rear hubs and brakes (which are a unique and expensive Corvette-only item), body mounts (the body has to come off of the frame) and even rusted out door posts in the fiberglass of the body.

I kept meticulous records and took many close-up pictures, both of the bad parts before I removed them as well as after. Then I researched the going prices at the time, from relatively inexpensive Corvette restoring specialty vendors, for the parts that need replacement that were not divulged in the eBay ad. I then made a list of what needed repairing and took it to a reputable classic Corvette restorer in the area for a labor estimate.

Problem is, I would imagine there's a statute of limitations?

It is very clearly fraud - i.e. the wheel well areas that could be seen without removing the tires were spray painted. It was also obvious that some exhaust work had been recently done on the car so the rusty frame and nearly completely shot rear suspension would have been very obvious. Especially since the owner was finance manager at a Chevrolet dealership so there's no way he didn't know about the various problems.

The parts and labor to correct the problems not divulged in the eBay ad total up to nearly the cost of the car - around $9,000. It has been totally undriveable since I got it home.

First, what is the statute of limitations.

Second, if I can still pursue this, what would be the recommended route?
I have plenty documentation to file a case with the FBI Internet Fraud division, and to file a criminal complaint with the appropriate prosecuting attorneys. The car was purchased in a suburb of Cleveland, OH.

Thanks very much!

You would be better off going after the mechanic that you used to inspect the car prior to purchasing it.

[JakeB]

Originally Posted by macx

First, what is the statute of limitations.

Second, if I can still pursue this, what would be the recommended route?
I have plenty documentation to file a case with the FBI Internet Fraud division, and to file a criminal complaint with the appropriate prosecuting attorneys. The car was purchased in a suburb of Cleveland, OH.

The SOL is 5 years in Missouri, but you'll probably need to sue the seller where he lives, and if that's a different state, then that state's SOL will apply.

If the SOL hasn't yet run out, then you could sue for breach of contract. However, even if the SOL for breach of contract is 5 years, that doesn't negate your requirement to inspect the vehicle within a "reasonable time." My guess is that your failure to complain to the seller of its condition for a few years will be considered an acceptance of the condition.

As for criminal charges, that is highly unlikely. You'd need to not only prove that the vehicle was misrepresented, but you'd need to prove that it was done with the intent to defraud you. That will probably be very difficult or impossible. You can read a long discussion about it here:

[url]http://forum.freeadvice.com/arrests-searches-warrants-procedure-26/i-sold-diamond-ring-craigslist-now-buyer-threating-arrest-me-487817.html[/url]

[xylene]

You have no case.

Vehicle parts rust. By your own admission the vehicle was standing for 'several years' Even if you had proof you car was stored in a climate controlled environment for that time, you would have a huge hurdle...

Next - ebay misrepresentation does not mean you have a civil case. YOU should have availed yourself of the ebay redresses allowed within the time allowed. That is not years later.

[justalayman]

Originally Posted by JakeB

The SOL is 5 years in Missouri, but you'll probably need to sue the seller where he lives, and if that's a different state, then that state's SOL will apply.

If the SOL hasn't yet run out, then you could sue for breach of contract. However, even if the SOL for breach of contract is 5 years, that doesn't negate your requirement to inspect the vehicle within a "reasonable time." My guess is that your failure to complain to the seller of its condition for a few years will be considered an acceptance of the condition.

As for criminal charges, that is highly unlikely. You'd need to not only prove that the vehicle was misrepresented, but you'd need to prove that it was done with the intent to defraud you. That will probably be very difficult or impossible. You can read a long discussion about it here:

[url]http://forum.freeadvice.com/arrests-searches-warrants-procedure-26/i-sold-diamond-ring-craigslist-now-buyer-threating-arrest-me-487817.html[/url]

wow, brilliant deduction. OP even stated the purchase was in Ohio, not Missouri. I guess you have problems with comprehension in general, not just the thread you continue to harass me on.


anyway,macx, no way will you win anything. several years? how rusty was it when you got it? Don't know? you lose.

did you inspect it when you got it? No? You lose. No court is going to consider this as a latent defect. Your lack of due diligence killed any chance you had to attempt to rescind the sale.