We bought a car that was grossly misrepresented

What is the name of your state? Wisconsin

I am not sure what help I can get but I figured it could not hurt to post something here.
On 7/24 we purchased a 1965 mustang on ebay. The listing read that the cars body work was 90% done. There was some light surface rust and the floor pans needed some attention. The seller also stated that it was an ongoing project that he did not have time to finish. In an email we received from him he stated that the floor boards would need light patching and that the complete floor would not need to be replaced. He also stated that all in all the car is very solid & should be a very simply fixer upper.
On 7/25 I sent payment via overnight express mail.
The car arrived on 7/26. The seller had some employees drop it off and took off immediately. After a through inspection we found that the auction and email that was sent to us was completely untrue. We had a body shop manger inspect the vehicle with his final word being that the car was more than 50% rotted out and would require more time and money that the car was worth.
According to an employee the seller is now in Mexico. The employee that we spoke with stated that he wanted to buy the car and would pay us what we paid for it . About an hour later he called back stating that he would only buy the car if we left positive feedback on the transaction. We refused. We told him that when we have the cash in hand we will leave feedback.
In a conversation later on 7/28 he stated that he and the seller were just a middle man. That they sold the car for someone else. We argued that the account the car was sold on was the sellers and it should have been acurately described. We also told them that the car was grossly misrepresented and we wanted a full refund. They refuse.
What can we do from here?
Any information would be greatly appreciated.
Thanks
Wendy

mielandwendy said:

What is the name of your state? Wisconsin

I am not sure what help I can get but I figured it could not hurt to post something here.
On 7/24 we purchased a 1965 mustang on ebay. The listing read that the cars body work was 90% done. There was some light surface rust and the floor pans needed some attention. The seller also stated that it was an ongoing project that he did not have time to finish. In an email we received from him he stated that the floor boards would need light patching and that the complete floor would not need to be replaced. He also stated that all in all the car is very solid & should be a very simply fixer upper.
On 7/25 I sent payment via overnight express mail.
The car arrived on 7/26. The seller had some employees drop it off and took off immediately. After a through inspection we found that the auction and email that was sent to us was completely untrue. We had a body shop manger inspect the vehicle with his final word being that the car was more than 50% rotted out and would require more time and money that the car was worth.
According to an employee the seller is now in Mexico. The employee that we spoke with stated that he wanted to buy the car and would pay us what we paid for it . About an hour later he called back stating that he would only buy the car if we left positive feedback on the transaction. We refused. We told him that when we have the cash in hand we will leave feedback.
In a conversation later on 7/28 he stated that he and the seller were just a middle man. That they sold the car for someone else. We argued that the account the car was sold on was the sellers and it should have been acurately described. We also told them that the car was grossly misrepresented and we wanted a full refund. They refuse.
What can we do from here?
Any information would be greatly appreciated.
Thanks
Wendy

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My response:

As far as I'm concerned, E-Bay'ers get what they deserve. Let me guess - - this transaction was across State lines, wasn't it?

This will teach you to stop buying things off the Internet - - especially things that are "sight unseen." 1965 Mustangs are a "dime-a-dozen" and are readily available locally - - but, you wanted the "thrill" of an auction, and the seller wanted to dupe somebody to unload that hunk of crap. The seller knew that if anyone had viewed the car in-person, that any potential buyer would have turned around and walked away due to it's condition. So, you fell for it, and are now the proud owners of 2 tons of crap. Caveat Emptor still applies.

Next time, buy locally, and in-person.

IAAL

That is really rude. I came here for help and all I get is sarcasam.
Thanks.

mielandwendy said:

That is really rude. I came here for help and all I get is sarcasam.
Thanks.

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My response:

That wasn't "sarcasm" - - it was the truth. You didn't inspect the car before you bought it - - that's the truth. You believed a stranger - - that's the truth. You fell for the seller's "puffing" - - that's the truth. The contract was formed across State lines - - that's the truth. You could have bought a similar car locally - - that's the truth. Caveat Emptor still applies - - that's the truth.

What's the matter? The truth hurts?

Did you think there was some sort of "legal magic wand" to make your ignorant mistakes "all better"?

When it comes to E-Bay, a fool and his money are soon parted.

Do you EVEN know what "Caveat Emptor" means?

IAAL

mielandwendy said:

That is really rude. I came here for help and all I get is sarcasam.
Thanks.

Click to expand...

**A: what you got was the perfect truth, the real deal, the facts, the honest opinion.....
If you hired an attorney and paid for legal assistance, you would not have gotten a better response.

Caveat Emptor- let the ebay buyer beware or in pig Latin: you will eat it, your pockets will be empty and you will be forced to live in a cave as a result of your ebay internet purchase.

HEY, HEY, HEY, some of us ebay sellers are honest hard working people, and that's the truth, LOL I would NEVER screw someone in an online deal, and wouldn't want it to happen to me.

But anywho, doesn't ebay have some sort of buyer protection with cars now?? I thought I read it somewhere?? You may want to try that route.

But I have to say, I wouldn't have bought an auto thru ebay for all the tea in china.

Ok that's just stupid. Just because it is an ebay purchase it is ok and legal to misrepresend the goods????? I don't think so. The car was clearly discribed as solid and that's why I bought it. I can fix just about anything on a car but I can't do body work. Thus I went for a solid car and did not care about the rest. I was even prepared for some minor body work. But if someone lists the car as solid and over 50% of the body is rotten (which even someone who can't do bodywork can see) the only thing that is solid is the lies that have been told. Everything is documented and we will take this to court if it doesn't get resolved quickly. Crossing a state line does not mean it is ok to mislead people. It does make it a little harder but not only for us. The seller has been given options and refused them. I will go after them and I know that I have options. I would just like a few pointers in the right direction and some advise. Not some 3rd grade remarks that anyone can give. Please save those for the preteen chatboxes. This is a serious request for information. It would be very much appreciated if it was treated as such.

Thank you for and help that you would be able to offer and for anyone who took the time to read this.

P.S. A 60's mustang with a V8 and a manual transmission with a solid body is not easy to find anywere. And try finding that in Wisconsin. Maybe Florida, California and Arizona but not here and I would have preffered to buy it here as it would save me shipping and alot of stress. In this case I needed to go to ebay.

mielandwendy said:

Ok that's just stupid. Just because it is an ebay purchase it is ok and legal to misrepresend the goods????? I don't think so. The car was clearly discribed as solid and that's why I bought it. I can fix just about anything on a car but I can't do body work. Thus I went for a solid car and did not care about the rest. I was even prepared for some minor body work. But if someone lists the car as solid and over 50% of the body is rotten (which even someone who can't do bodywork can see) the only thing that is solid is the lies that have been told. Everything is documented and we will take this to court if it doesn't get resolved quickly. Crossing a state line does not mean it is ok to mislead people. It does make it a little harder but not only for us. The seller has been given options and refused them. I will go after them and I know that I have options. I would just like a few pointers in the right direction and some advise. Not some 3rd grade remarks that anyone can give. Please save those for the preteen chatboxes. This is a serious request for information. It would be very much appreciated if it was treated as such.

Thank you for and help that you would be able to offer and for anyone who took the time to read this.

P.S. A 60's mustang with a V8 and a manual transmission with a solid body is not easy to find anywere. And try finding that in Wisconsin. Maybe Florida, California and Arizona but not here and I would have preffered to buy it here as it would save me shipping and alot of stress. In this case I needed to go to ebay.

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My response:

You just don't want to understand the law, do you? You think you can sue and win. All because you bought a car that didn't live up to your expectations, doesn't mean you have a "cause of action". You had better take "Caveat Emptor" very seriously BEFORE you waste your time and money. You also don't want to understand that "puffing" by a seller does not give you a "guarantee" or a "warranty" of fitness. Statements like, "In great shape" or "This car is solid", etcetera, are meaningless, and unenforceable, under the law. You just think because our answers seemed "Rude" to you, that they have no meaning for you under the law. Think again. You just don't want to read and UNDERSTAND. Your case is a loser.

I suggest you read the responses two or three times so they "sink in."

IAAL

mielandwendy

hmmmm, I tried to offer advice, didn't know if it pertains , BUT AGAIN TRY THIS:

http://pages.ebay.com/ebaymotors/services/assurance.html

Frankly, it's going to be hard to sue someone you can't track down, and again frankly, and sadly, there's alot of that going on with ebay now

Thank you for your post Neighbor. It has been the only serious one. We are checking with ebay but I don't think they can offer much other then protecting us from Negative feedback and non-payingbidder alerts.

Tracking them down is no problem. In this the internet is very usefull. I have all address, name, phone and even age information. Tracking them down will defenately not be a problem.

As for "I AM ALWAYS LIABLE", I am away of how solid can be taken many ways but for something to solid it first has to be there. I a frame in a car is solid it could still be rotten but it has to be there. If it has rotten AWAY (i mean missing the majority of it) not even the biggest idiot will call it solid.

If you are so positive that things done through the internet is exempt from the law then why are you attaching that disclaimer to each and every post or reply?

Kind regards!!!

I read thru the insurance real quick, and I don't think it will be covered, something they have written, over a 10yr old car with rust wouldn't be covered , even if misrepresented. Plus they want $500 for coverage.

www.basestealer.com is a good approach!

mielandwendy said:

Thank you for your post Neighbor. It has been the only serious one. We are checking with ebay but I don't think they can offer much other then protecting us from Negative feedback and non-payingbidder alerts.

Tracking them down is no problem. In this the internet is very usefull. I have all address, name, phone and even age information. Tracking them down will defenately not be a problem.

As for "I AM ALWAYS LIABLE", I am away of how solid can be taken many ways but for something to solid it first has to be there. I a frame in a car is solid it could still be rotten but it has to be there. If it has rotten AWAY (i mean missing the majority of it) not even the biggest idiot will call it solid.

If you are so positive that things done through the internet is exempt from the law then why are you attaching that disclaimer to each and every post or reply?

Kind regards!!!

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My response:

Okay, you're right. I have no idea what I'm talking about. Twenty three years of law practice for nothing - - damn!

When you sue, please let tell us exactly what the judge says to you.

Also, let us know whether you actually get your money back.

Also, let us know what this whole thing costs you to undo, from start to finish, including an estimate of the value of your time. So, I'm looking for a complete dollar amount. Then, subtract that amount from the amount you paid for the car.

IAAL

IAAL, this case won't even see the light of a courtroom because the complaint must be served on the Defendant.
The defendant is hiding out in Mexico. Furthermore, even if service was made, the Defendant (using his pre-paid legal services) would third party in the real Seller since the ebay seller stated he is only a middleman. The real seller is from Argentina with diplomatic immunity.

I'm hoping that he can weed the lil weasel out before it gets that far, and he's not hiding in fact he's got a huge lot of Star Wars figures now up for auction. Newbie seller also. I find these roll over the easiest!

So now is my time to inquire about these figures as an interested purchaser, hehehe, Let him know that I see he hasn't been selling much of anything and the buy it now is close to what I'd be willing to pay, HAR HAR. But I'd like to know how his transaction went with the car buyer, can I contact him? just for some reassurance, hmmm we'll see what he says, LOL

OH, an IAAL, you DO know what your talking about, I just don't think I'd walk away without a fight either.

I have checked into getting the paperwork served and trough the small claims court it is possible to have the local sheriff in Missoury serve the papers. I am not a lawyer and will not pretend to be a professional at law. I don't think the defendant will forfit his home and life in Missouri for a small claim suit. Thus I am confident that we can get the papers served. I understand that he was only a middleman but he acted like the owner in the purchase and made written statements to that affect. Also he is the person that sold me the car and I will have to get my damage from him. If he feels that being the middleman makes him not resposable and feels like he was lied to by the real seller as well then he in his turn can file a suit against the original seller. I do not have any relationship with the seller as everything went trough the middleman. He listed the car. He collected the money. He delivered the car. He communicated about the car acting like it was his own. And trough him I received the title of the car.

My only relationship with the seller is that the car used to belong to him. I don't see that as a reason to go after him. I am going after the person I dealt with.