BOUGHT A VEHICLE OFF eBAY

[ARMY mom]

What is the name of your state (only U.S. law)? CO
I won an auction for a 2003 Subaru Forester for $3550 on June 26. I live in Colorado, the SUV was in PA. I paid a $500 deposit through eBay. I had the balance wired w/in the 7 day period. I paid over $900 for transport. The seller told me that I had 5 days to have the car inspected w/in 5 days from possession of vehicle. I received it on July 21 and brought it to my mechanic the following day. He told me that it needs a new clutch ($900) and a new timing belt ($1000). He also said the undercarriage had serious rust issues. His suggestion was for me NOT to buy the car. Unfortunately, the car had to be pd. in full w/in 7 days. My mechanic typed up his findings and included his card. When I spoke with the seller, he told me that the clutch was in good condition and that my mechanic probably just wanted the money. At that time, I still had not received Title nor Bill of Sale. After I complained to eBay Motors, they said I was Eligible for some form of reimbursement since I had no Title. They sent that same email to the seller, who overnighted the title. While trying to resolve the issue on the phone, the seller called me "another spoiled American". He also said that I must have Mental Issues. Since I never signed The Bill of Sale with the As Is No Warranty, and have not signed the Title, do I have any recourse? I am disabled and my daughter drives myself as well as my grandchildren to Dr's appts, etc and you can smell fumes inside the cabin. What, if anything can I do? The seller has offered to buy back the car at half the price I paid. Any suggestions? I have learned my lesson to ONLY buy local.

 

[Silverplum]

My only suggestion is to turn off the CAPS and the bold in future postings. Please. It's hard to read.

Thanks!

 

[single317dad]

http://pages.motors.ebay.com/buy/purchase-protection/

VPP offers protection only for losses associated with eligible transactions for qualifying vehicles in the following situations:
You pay for a vehicle and never receive it.

You send a refundable deposit for a vehicle and never receive it.

-You pay for a vehicle and receive it but suffer losses because:
-The vehicle was determined by a law enforcement agency to have been stolen at the time of the end of the listing.
-The vehicle has an undisclosed or unknown lien against its title.
-The vehicle make, model or year is different than what was described in the seller's listing at the time you placed your bid or offer.
-A title is required for the vehicle by your state and the seller's state but you did not receive a title from the seller and it is not possible to obtain a title from the appropriate DMV.
-The vehicle has a title with an undisclosed salvage, rebuilt/rebuildable, unrebuildable, reconstructed, scrapped/destroyed, junk, lemon, manufacturer buyback, or water damage brand at the time of the end of the listing. (This protection is not available for vehicles listed in the Dune Buggies, Race Cars or Trailers categories.)
-The vehicle is less than 20 years old and has more than a 5,000 mile odometer discrepancy from the mileage as stated in the seller's listing. (This protection is only available for vehicles listed in the Cars & Trucks and RVs & Campers categories.)
-In addition, the VPP also provides protection against certain undisclosed damage for vehicles that are less than 10 years old (10 year threshold is based on model year): The vehicle had undisclosed engine, body, transmission, and/or frame damage at the time of purchase that will cost more than $1,000 to repair. The cost of repair to any one of those components must exceed $1,000. For vehicles in the Boats (engine and hull only), Buses, Commercial Trucks, and RVs & Campers categories, the cost of the undisclosed engine, body, transmission, or frame damage must exceed $1,500. Race Cars are not eligible for this protection. Vehicles that are subject to a recall for this type of damage are not eligible for VPP.

The following are some examples of situations are that NOT protected by VPP:

Vehicle Condition
Any damage on vehicles 10 years old or older (10 year threshold is based on model year)
Regular maintenance and fluid levels.
Normal wear and tear, including but not limited to belts, hoses, tires, brakes, bushings, joints, spark plugs and wires, interior features, minor dents, paint chips and scratches.
Certain components - Damage to any component other than the engine, transmission, frame or body, including but not limited to the vehicle's interior, exhaust, air conditioner, electrical, suspension, cooling system, turbo charger, fuel system, differential, clutch/torque converter, and/or pollution control devices.
Damage threshold - Damage to an eligible component that does not exceed $1,000 (or $1,500 for boats, buses, commercial trucks, RVs and campers).
Damage after purchase - Damage or loss arising during shipping or otherwise after purchase.
Cosmetic damage, such as paint or external surface rust.
Unverifiable damage.

Deposit issues
Sending a non-refundable deposit for a vehicle and not receiving the vehicle, or a refund, because you chose to not complete the transaction or pay the remaining balance for any reason.

Ancillary losses
Punitive claims, lost profits, loss of work, travel expenses, or restocking costs.

Title / ownership issues
Failure to disclose a title brand if another title brand was disclosed in the listing, or if the title was described in the listing as anything but "clear".
Failure to receive a certificate of title for a vehicle that was listed with a title brand or with the title being described as anything but "clear".
Receiving a title that is not signed, is improperly assigned, or receiving a title but not being able to register the vehicle.
Any damage on a vehicle that was listed with a title brand or with the title being described as anything but "clear".
Losses based on a vehicle classified as "theft recovery" or "previously stolen" but recovered by a law enforcement agency prior to being listed on eBay.

Other
Differences in sub-model, trim packages, special editions, or options if you have received the year, make, and model described in the listing.
Buyer's remorse.
Any damage or listing discrepancies that were disclosed to you prior to acceptance of the vehicle.
Any damage that could have been discovered upon a reasonable inspection before you paid for and picked up the vehicle in person.
Any damage that does not impact the safety or operability of the vehicle.
Repairs or alterations made by you to the vehicle without the consent of the VPP Administrator.
Inspection costs, warranty fees, taxes paid, or any other fees or expenses that are not expressly covered under these Terms and Conditions.
Transactions occurring directly between the parties (i.e. phone, email, mail, in person, by overnight messenger, etc...) and/or on another website rather than through the eBay website.

You can still sue the guy. The real lesson here is never to buy a vehicle that you haven't already inspected to your satisfaction.

 

[Zigner]

http://pages.motors.ebay.com/buy/purchase-protection/





You can still sue the guy. The real lesson here is never to buy a vehicle that you haven't already inspected to your satisfaction.

Of course, the OP would need to travel to PA to sue...and would STILL have to overcome the whole "as-is" thing.

 

[ARMY mom]

Thanks….

http://pages.motors.ebay.com/buy/purchase-protection/
I appreciate your help on this. I did go through their VPP and I am eligible through their AIA (Action Insurance Agency). However, the seller got me the title overnight, so I am sure that dismisses my eligibility. I have always had local cars checked out by my mechanic, but the seller told me that I had 5 days from possession of vehicle. I called him on Day 2. I told him if he honestly believes that it is a great, safe and reliable car… he could re-list it. All I got from him were insults hurled my way. Thank God not everyone on eBay is like that! Thank you all for your words of advice. I sincerely appreciate it. I just thought that he would stick to his words "You will have 5 days to have it looked at since you are an out-of-state-buyer"

 

[Proserpina]

OP should also consider that if she sues and gets a judgment, she has quite limited options to collect - PA won't allow a regular creditor to garnish wages, for example.

 

[ARMY mom]

Very True, Prosperina...

OP should also consider that if she sues and gets a judgment, she has quite limited options to collect - PA won't allow a regular creditor to garnish wages, for example.

I completely forgot about that aspect. Still, does it matter that my signature is not on The Bill of Sale (contract between Buyer/Seller)?

 

[quincy]

bumping an annoying spammer off the main board - I will delete this post later

 

[ARMY mom]

Thank You...

bumping an annoying spammer off the main board - I will delete this post later

… i apologize for having an annoying post, Quincy. I did get some good
advice though.

thank you

 

[quincy]

… i apologize for having an annoying post, Quincy. I did get some good
advice though.

thank you

Oh, I am sorry ARMY mom. Your posts are not annoying at all. That is the reason I "bumped" your thread to the main board - above a spam thread that WAS annoying.

I apologize for the misunderstanding. I think I must learn a better way to phrase my posts.

 

[Astrolink]

I'm going to throw in my non-legal advice. If you want to buy a 63 split window corvette, 31 Ford American Graffiti yellow coupe or Starsky and Hutch replica, Ebay is an excellent place to find these hard to find vehicles. Their rarity justifies paying shipping across the country. But a Subaru Forester? I plugged that into my local Craigslist and found over 100 just in my state. There were over 10 for sale in my small city alone. Next time, look local and have the car inspected before you buy.