Car Seller lied on his ad EBAY/stuck with a non-functioning car!

voyage311 said:

What is the name of your state?What is the name of your state?What is the name of your state? Virginia

I just bought a 91 Mercury Capri from someone here on Ebay. I went to pick it up from them and it looked like they had many old junk cars they were fixing and putting up for sale on Ebay. I paid and brought the car home. Well, the next day, I got the oil changed and the air filter replaced, the tires replaced, and a headlight replaced, I was thinking okay, I can live with that, and didn't bother the seller to tell them, how fast their car was falling apart. Well the next day, the whole engine stopped running, I had it towed to a mechanic for $68 after waiting all night until the next day for a tow truck, sleeping in the small Capri. Well when the mechanics seen it they tell me that the bolt was installed too tightly on the crankshaft causing it to shear off, and ruin the crankshaft, pulley, timing belt. So, I ask the mechanic, what is the solution tofix it, he shakes his head and tells me I will need a engine replacement, and same with other 3 mechanics I asked. Now I go and tell the seller what happened and the seller is not willing to give a refund or anything. I am stuck with a Mercury Capri that wont run. Seems like the buyer just fixed up a junk car (it looks like it has been sitting in a junk yard a while) enough for it to run a few miles until he can get a signature and that's it. I think he knew very well that he tightened that bolt too tight which caused it yo break. So, I ask do I have any recourse here? I have filed a claim with paypal, thats pending for 1,250. and I paid 400 in cash. I will contact ebays policy. but can they keep that money although they knew that that car was a deadbeat and listed it as running great? Here is the auction:
http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&item=2485655546&category=5366

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I AM ALWAYS LIABLE said:

My response:

What did your written warranty say that the seller gave you? What did the mechanic in Virginia say about the car when you took it for inspection BEFORE you plunked your money down?

It says on the eBay site, "Get the Vehicle History Report". What did that report say?

By the way, what does the word "puffing" mean to you?

IAAL

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voyage311 said:

My response:

A good attorney never asks a question for which he/she doesn't already know the answer. Remember that. And that's why I asked my questions to you - - one of which you failed to answer at all; i.e., The mechanic inspection in Virginia question.

I didn't get the vehicle history report.

MY RESPONSE: I could tell from the way you wrote your post that you hadn't done a vehicle history report.


The seller offered no warranty and sold it as-is.

MY RESPONSE: I knew that too, or you would have mentioned it. Unless there's an explicit written warranty, all private sales are "as-is", "where-is".


puffing means blowing off steam if thats what you meant?

MY RESPONSE: No. "Puffing" is quasi-legal jargon. It encompasses phrases like, "It runs great", "It's a real beauty", "Rides like a dream", etc. Here's a recent case from the 9th Circuit Court of Appeals:

Passenger sued Cruise Line for injuries suffered aboard ship and joined a claim against nondiverse Travel Agent for "negligently misrepresenting" that Passenger would be "safely and adequately served" by Cruise Line. Under applicable state law, mere sales talk or "puffing" did not constitute actionable negligent misrepresentation. [Morris v. Princess Cruises, Inc. (9th Cir. 2001) 236 F.3d 1061, 1067-1068]

This is the same interpretation of law all over the United States concerning "puffing".




Well, the car drove fine when I first got there, then a few days later, the engine stopped functioning.

MY RESPONSE: An experienced mechanic would have been able to tell you that the engine was worthless, and not to buy the car. That's why I asked you if you had the car inspected BEFORE you plunked your money down.



Am I out $1500?

MY RESPONSE: Yes. You failed in your duty to yourself, and now your situation falls under "Caveat Emptor" - - "Let the buyer beware".




This seller knew he was selling a lemon, that's why he does it through ebay.

MY RESPONSE: Selling through eBay is not proof of knowledge that something is a lemon. That's up to you to find out BEFORE you buy.

It's an expensive lesson, but you have no recourse. And, even if you did, it would be extremely expensive because of crossing State lines, and he's not subject to your States' jurisdiction. You'd have to sue him in his State. However, like I said, concluding that he "knew" it was bad, or that he "misrepresented" the car to you are HUGE hurdles to leap - - and that Caveat Emptor will stop any lawsuit in its tracks.

Next time, buy locally and stop buying off the Internet.


IAAL

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voyage311 said:

This person lives in my state of Virginia.

So puffing is a form of misrepresentation? And caveat emptor works on my side? This person is selling more cars like this through the internet making a fortune. I need my money back, he promised this car would run and not just a parts car.

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