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Car not as described, seller kept money

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E

erh12

Guest
What is the name of your state? KY and Virginia
I made 3 payments ( 2 paypal and 1 cashier's check) to an ebay seller for a 1979 Fiat spyder described as in excellent working condition and examined by a mechanic in the original listing. The vehicle was described as garaged and ready to drive away. The seller ended the auction early after I agreed to a purchase price of $2,600 based on the seller's description of the vehicle. I made several phone calls and email queries as to specifics of the condition of the car including whether there was any rust on the floors or in the wheel wells, whether any of the gears popped out while driving, and whether the heater/fan system was working (all expensive repairs). The seller claimed that there was no rust, transmission was fine, and everything worked great.
I then purchased a RT airfare from Cincinnati to Wash DC to pick up the car on Augsut 10th as agreed. Upon arrival the vehicle was parked in a grove of tree, covered in leaves and cicadas, had no working tail-lights, a leaking fuel line, needed a new transmissin and brake repair, and had rusted through under the driver's seat in 3 places. I requested that the seller relist the car on ebay and refund my money, or consider a reduction in price ( $2,200) and his covering the cost of a later trip for me to pick up the repaired vehicle.
He has refused a refund despite me offering to cover 250-300 in ebay listing and paypal fees. He claims the car is completely repaired now and that I agreed to purchase it. It has been 30 days since the day I went to (unsuccessfully ) pick up the car and he still has all of my money.
I have negotiated in good faith with the seller and, finally, as the 30 day limit was expiring last week,filed a claim with Paypal. Unfortunately, I only realized paypal's 30 day limit in time for one $800.00 claim. I have documentation of the vehicle description, as well as two paypal payments ($1,000, $800.00)and a money order for the remaining amount ($800).
I live in Kentucky and He lives in Virginia. I have been trying to determine how best to recover my money via court order? Can you suggest my best and worst case scenarios for recovering the money.
Thank you.
 


gjs8806

Junior Member
Since you didnt buy the car on eBay that was your first mistake because you do not have any eBay coverage to get the money back or threaten him with negative feedback. If the value of money spent on the car was under 500 I would just say screw it. Dont bother sending a paypal complaint because unless you didnt get the car they wont give your money back. Paypal will not get your money back for not described items trust me I have tried. Because the value of this is over $2000 I would suggest that you get a lawyer and get them to explain how to get your money back.
 

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