HELP! eBay buyer doesn't want to pay full amount

I sold a Jeep Cherokee on eBay for $2200, but did not have the title. The buyer flew from Colorado to California to pick it up and drive it home. Halfway through California it overheated.

He says now that the transfer case is bad, and will cost over $2000 to fix. When he picked it up, he gave me $1500 and agreed to pay the rest ($700) when I get the title. It was his idea to wire me the money when I get the title.

Now he wants to either give me the Jeep back, split the difference in the balance, or file a dispute with ebay's fair trade arbitrator and get input from a third party.

I sold it as-is, where-is, with no warranty expressed or implied. It was running and fine when he came to get it. We drove it around, he had a chance to check it and he never did. He just got in and started driving.

Here is a link to the auction:

http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&item=2489747141&rd=1&sspagename=STRK:MESO:IT

Please advise! Thanks a LOT!

-SM

how hard will it be to get him the title? Send him the title and say he can keep the balance of $700 that is owed to you.

Why would I want to do that?

then do whatever you want, but you can bet he isn't going to pay you the balance of $700.

So its THAT easy as a buyer to just get out of the full bid price? I guess I'll find out what happens.

You let him have the vehicle without the full purchase price. That was your mistake not his, he is taking advantage of the situation. Why don't you have a title? Do you have it now? If the agreement was to send it to him and then he will owe the rest then you have to send it to him before he actually even owes you the rest. Then you may have something with squaretrade if you listed it as an as is auction. Otherwise doing anything about it will be too costly for you to even want to try and do.

WELL this is the situation.

I paid it off in mid August, in mid September I put it up for sale. The car dealer told me the title was in the mail. I was moving out of state and had to sell it before leaving. I put in the ebay auction that I don't have the title.

When he came to pick it up, we agreed that when I have the title he would pay the remaining balance and I would send the title. Matter of fact his idea was to wire me the money then I send the title.

I have the title now. He has the vehicle. I guess I'll just see what square trade does. I filed a dispute with them a few days ago and am waiting their response.

Should have used escrow? Should have collected full amount?
Suits? The jurisdiction will be a fun topic. The ebay deal is for $2200 for title. All the other stuff? Got it in writing? Oral agreement? Smell's like a bag of #$$%^.

I think we learned a valuable lesson. Escrow or CASH.

DAM

I didn't do escrow because I didn't want to take the chance of being forced to take it back.

I do have everything in writing. I'm still working on it. Actually working on a compromise too.

It's a difficult choice. The amount sought after vs the amount expended to attempt to get the money makes the whole effort almost fruitless. Albeit frustrating on your part.

A nonconfrontational approach probably is the best. Explain your as-is approach with compassion for his part. A deal is a deal. You do have what he needs and vice versus. Threatening negative feedback solves nothing on both parts.

If you use your thinking cap, there actually are all kinds of various issues and tactics. It depends on the type of character both of you two possess.

We actually both have very professional and courteous demeanor and have made no threats whatsoever.

I did approach him courteously and inform him of what the deal is, and that he bought it as-is, where-is, with no warranty expressed or implied (it says that right in the auction) but he seems to be ignoring that. I offered to help any other way I possibly can and he won't accept it. I even told him I can find him the parts he needs for much less than the mechanic is quoting him.

He emailed me today saying he still hasn't heard from Square Trade. I asked him if he would give me $500 now to get it overwith and am awaiting a reply.

If

Breach of Contract --- Substantial Performance --- Expectation Damages
Same effect as Specific Performance(Difficult usually)
Possibly Restitution (if vehicle actually is working fine and sold for more)

DAM

In english please?

Here are three remedies at law that you potentially may consider if negotiating breaksdown. Beginning with Expectations Damages(Benefit of the bargain) as the best choice, then the next two possibilities.

DAM

I get it!

Thanks. I'll keep you posted.