eBay auto sold misrepresented

[mcastr]

What is the name of your state? CA (seller in TN)

I purchased, on eBay for $8000, a 1966 GTO. The seller misrepresented the vehicle as 100% original, "all original". It arrived with a few pieces missing that had been in the pictures, the windshield, and the original left light (which are no longer produced even as replicas) had fallen off during trasnport. The intake is original 6-pack but obviously not "original and untouched" because it had metal fuel lines not rubber.

The engine is NOT original, and isn't a 389 as he said, in fact it was a mid 1970s 400 which is useless to a GTO collector. The heads on the engine are not original. The wheels were not even made by Pontiac. The radiator frame had severely bent, and the radiator in the trunk says Chrysler on it. He also made a big point about having original AC. There was no AC unit at all, or even brackets to replace one.

The link to the ebay ad is:

[url]http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&ih=010&item=200005058329&rd=1&sspagename=STRK%3AMEWA%3AIT&rd=1[/url]

Is there any way to get my $8000 (and hopefully the $1245 shipping cost) back? I was ripped by a scam earlier this year from a hacked user account and lost over $6000. Any advice at all would be appreciated. I have a legal document program, and was considering contacting the TN State Attorney General, as he always has multiple vehicles for sale, so I'd expect he has a dealer license.

** I forgot to add that he closed the listing when he received my cashier's check, even though I had specifically told him on the phone that he needed to close it with me as the buyer. Because of this, I have no recourse via eBay, they won't even let me file a complaint for the deceptive advertising.

Marcus

[racer72]

You inspected the car prior to purchase and it was to your satisfaction correct? Your only option is to sue in the seller's home state and many of the expenses involved, such as travel and lodging, are not recoverable. The car looks like a total restoration project and that is what you got. I have a 66 GTO myself, it has been a 17 year project so far, good luck with your project.

[mcastr]

Unfortunately no. Due to being in a lot of pain, I don't fly. So it was bought based on the description. Also, my friend specializes in GTOs and restorations, and he says this is so bad it's a junker, the only thing it's good for is to take ID plates and put them on a donor car. The engine does NOT run and the tranny is locked. I mean 99% of what he said as fact was outright lying, this body is beyond restoration. My friend says it's worth maybe 2500 for the 6-pack and dump the rest.

I was hoping I could sue him here in CA, as it was advertised on ebay which is like advertising it everywhere, then try to collect in TN. If I have to go there to sue, then it's not worth it at all, and I have to take the loss.

Thanks for the reply,

Marcus

[seniorjudge]

Originally Posted by mcastr

Unfortunately no. Due to being in a lot of pain, I don't fly. So it was bought based on the description. Also, my friend specializes in GTOs and restorations, and he says this is so bad it's a junker, the only thing it's good for is to take ID plates and put them on a donor car. The engine does NOT run and the tranny is locked. I mean 99% of what he said as fact was outright lying, this body is beyond restoration. My friend says it's worth maybe 2500 for the 6-pack and dump the rest.

I was hoping I could sue him here in CA, as it was advertised on ebay which is like advertising it everywhere, then try to collect in TN. If I have to go there to sue, then it's not worth it at all, and I have to take the loss.

Thanks for the reply,

Marcus

Resell it on eBay, only describe it exactly as it is. It will help cut your losses.

[divgradcurl]

Originally Posted by mcastr

Unfortunately no. Due to being in a lot of pain, I don't fly. So it was bought based on the description. Also, my friend specializes in GTOs and restorations, and he says this is so bad it's a junker, the only thing it's good for is to take ID plates and put them on a donor car. The engine does NOT run and the tranny is locked. I mean 99% of what he said as fact was outright lying, this body is beyond restoration. My friend says it's worth maybe 2500 for the 6-pack and dump the rest.

I was hoping I could sue him here in CA, as it was advertised on ebay which is like advertising it everywhere, then try to collect in TN. If I have to go there to sue, then it's not worth it at all, and I have to take the loss.

Thanks for the reply,

Marcus

You can't sue someone out-of-state in California small claims court. You could do so in superior court, but it wouldn't be worth the hassle or expense.

Your best bet, if you are unwilling to travel to TN to sue the guy, is to sell the car or part it out and try and recoup as much of the loss as you can. Good luck.

[mcastr]

OK. I kind of thought I was screwed on this one.

Thank you to everyone for all the advice.

Best regards,

Marcus Castro

[janedoe23]

How do you figure you paid $8000? Even with shipping it still doesn't amount to $8000. Also why didn't you take his feedback into consideration when purchasing?

[racer72]

Originally Posted by janedoe23

How do you figure you paid $8000? Even with shipping it still doesn't amount to $8000. Also why didn't you take his feedback into consideration when purchasing?

Try reading the whole post. He bought the car outside of Ebay and the seller cancelled the auction.

I forgot to add that he closed the listing when he received my cashier's check, even though I had specifically told him on the phone that he needed to close it with me as the buyer.

[janedoe23]

Originally Posted by racer72

Try reading the whole post. He bought the car outside of Ebay and the seller cancelled the auction.

Try minding your business! For your info I didn't quite get that part but thanks for clearing it up jerk!

[stephenk]

"You can't sue someone out-of-state in California small claims court. "

Where is that in the Code of Civil Procedure? If he is willing to waive any amount over $7500, he can sue him in small claims court. He can make an argument the contract was entered into in California when he made his purchase online.

[divgradcurl]

Originally Posted by stephenk

"You can't sue someone out-of-state in California small claims court. "

Where is that in the Code of Civil Procedure? If he is willing to waive any amount over $7500, he can sue him in small claims court. He can make an argument the contract was entered into in California when he made his purchase online.

I should have been more clear. There is no prohibition on actually suing someone out of state in small claims court, but, except in limited circumstances, the defendant must be served notice in California -- in this case, it's probably effectively the same thing as saying you can't sue the out-of-state guy in California, but you are right, I should have been more clear.

Cal.C.Civ.Proc. 116.340

(e) Service shall be made within this state, except as provided in
subdivisions (f) and (g).
(f) The owner of record of real property in California who resides
in another state and who has no lawfully designated agent in
California for service of process may be served by any of the methods
described in this section if the claim relates to that property.
(g) A nonresident owner or operator of a motor vehicle involved in
an accident within this state may be served pursuant to the
provisions on constructive service in Sections 17450 to 17461,
inclusive, of the Vehicle Code without regard to whether the
defendant was a nonresident at the time of the accident or when the
claim was filed. Service shall be made by serving both the Director
of the California Department of Motor Vehicles and the defendant, and
may be made by any of the methods authorized by this chapter or by
registered mail as authorized by Section 17454 or 17455 of the
Vehicle Code.

[janedoe23]

Originally Posted by defuturo

Excuse me, but is this a public forum? Yes, it is.

Did the OP solicit advice? Yes, he did... presumably even yours.

Is the fact that you failed to comprehend the OP's information then presumed to respond intelligently conclusive proof that it's you who are, in fact, the JERK? Well, no, but your subsequent post and ad hominem attacks is.

Can't take a little corrective criticism?

Damn, you should run for President... or Secretary of Defense.

Please save it! GO and read all the posts on this forum and then come back and see if you consider ME the jerk. You think my post is bad well then saddle up and hold on tight because it's going to be a bumpy ride. Fool!

[CraigFL]

I've sued someone in another state like this already. You just need to find out how the papers need to be served. Internet research will usually tell you who to contact.

[racer72]

Originally Posted by janedoe23

Please save it! GO and read all the posts on this forum and then come back and see if you consider ME the jerk.

I think your a jerk and a nosy busybody that should take the time to read and comprehend an entire post before making untrue and idiotic comments. Yes, I have read your other posts and you seem to have a serious case of stickfootinmouthitis.

[bluebird39]

I am so sorry that you are having trouble with ebay. Its difficult getting anything done legally when you deal on ebay.
8000 is a lot to pay for something for that was not as described.
when you use ebay you have to depend on what the seller tells you and most of the people that sell on ebay are honest people and some are not. Its a darn shame that you got taken advantage of.
I wish I could advise you but Ihave no idea what to do or who to go to.
Most lawyers will give you the first consutation free so maybe that would help you.