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private party car sale on ebay need advice

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gto_buyer

Junior Member
What is the name of your state?What is the name of your state? Nebraska

December of 2003 I bought a 1967 Pontiac GTO from a private party here in Nebraska, since I had one when I was a teen and always wanted one again. I decided to fix it up and resell it since the market seemed really good for muscle cars. I had the car painted, fixed a few things and listed it on ebay on Feb 16th, 2004. Car sold to a man in California for 14,000.00, I had about 10k into it, not counting my time. Everything went smooth, he wired the funds and the car was delivered to him. Then in June of 2004, he contacts me and says the car is not a GTO, but a clone, or Lemans that has been made into a GTO and wants his money back. I told him that the title stated GTO, the car was a GTO as far as I knew and didn't feel I owed him anything. He contacted a lawyer who called me and said the car was worth 4k and wanted a 10 refund or to take the car back and give a full refund. I said he was crazy and that the car was worth way more than that and as far as I believed was a true GTO. He then sends me this e-mail

I have reviewed the information provided by xxxxxxx. Your listing clearly states a 1967 GTO hardtop. My client received a 1967 Tempest. Your contract does state "as is" but it also clearly states 1967 GTO. You state numerous times that the vehicle being sold is a GTO, this is pure fraud. Please respond ASAP as the FBI is being reviewing this matter and we will pursue this matter through the legal system. Please advise me on you will be resolving this matter.

Cordially,
xxxxxxxxxxxx
Attorney at Law

ALM: jlm

I responded back with this

If you see the title of the car it clearly states 1967 GTO hardtop, that is how I purchased it and that is how I sold it. From the information I gathered from the vehicles data plate, it stated 67 GTO two door hard top, Tyrol blue color, with a parchment interior, air conditioning, three speed transmission, V8, with bucket seats. All of that information is true and correct and I sold the car accordingly. I am not an expert in the automobile industry, Mr. xxx is, he is a licensed car dealer and knowingly chose to bid and purchase the said car that was listed on ebay, he knows way more about buying and selling cars than I will ever know. I knew little about Vin id's except that it had to match the title. If he has been in the automobile industry as long as he says and knows so much about cars, why did he not research this before buying, instead of coming back nearly two months later to make this claim. There was nothing to my knowledge that this car was not a GTO and the title and data plate confirm that. You as a lawyer should know the definition of fraud is defined as a deception deliberately practiced to secure unfair or unlawful gain. I did neither of these and don't like being accused of such. I'm sorry if Mr. Kee has buyers remorse and no longer wishes the said car, but this does not make it my problem now. I listed honestly and truthfully everything I knew about the car. In researching since Mr. xxxx accusations, I found that the data plate, not the Vin is the most important plate on the car, as it shows the S.O. (sales order) number, usually in the lower right-hand-corner. This is the number dedicated to the car before it is built and assigned a VIN. If this car has been tampered with or worse stolen, it was not to my knowledge, nor do I believe to the individual who sold me the car. In the course of 40 years these cars can change hands numerous times and the history is usually impossible to find. When I purchased the GTO, I was told by my auto technician to check the information on the data plate inside the firewall and to make sure that it matched up to what you were buying and it did to a tee. Mr. xxx read me off these documents he sent away for and nothing matches this car, not the original color, interior, dash, transmission, nothing, which makes me further believe that the car is what it is titled as, a 1967 GTO, not a Tempest. If he wishes to pursue this with threats and lawsuits and defamation of my character, I cannot do anything about that. If he calls again and wishes to speak to my daughter, a minor of 14 years and harasses her with threats of what he will pursue with me, upsetting her to the point of tears, I will be happy to file a suit myself. I have done nothing wrong, I hid nothing, nor did I maliciously try and financially gain or deceive Mr. Kees.

Respectfully,

xxxxxxx


He then sent a couple of threating letters, never once certified or anything and asked if I received them and said no. He left a voice mail tonight on my cell informing me that they are filing suit and will put a lein on my cars and house if I choose not to defend this and that I will be getting served in Nebraska. Now I'm leaving the state for a month on Wed. so probably won't even be here if they do, but have asked him several times to send me proof that this is not a GTO and to send it via certified mail, which he won't do....is this guy trying scare tactics to get me to cave in, or does he have a legimate case against me? Also, since the car was sold in Nebraska, can I request if there is a case to be held in Nebraska, not California....my wife seems to think it is some young lawyer by the sound of his voice and not to do anything until they actually serve me something. I'm trying to raise five kids here and really don't need this in my life right now. Any help would be appreciated, thanks. Link is for photos of the car in question

http://ultimategto.com/cgi-bin/picsearch.cgi?page=1&modl=All&year=All&cond=All&excl=All&incl=All&rfcl=All&roof=All&search=Search&ownr=Brian+Catania&emai=All&loca=All&vinn=All&post=All&sett=All&show=All&optn=&comm=&page=1&&page=2
 


djohnson

Senior Member
I think he is bluffing. I would not respond anymore to him personally. Only in court if he files. He would have to file where you live. When you are served (and you would have to be served) show up with your proof and I don't think he stands a chance.
 

gto_buyer

Junior Member
Thanks

I think that is the best thing to do also and feel it is just a scar bluff, but have all my paperwork in order also just in case. Can they serve me if I'm not here, but my family is? Thanks again, making me feel a little better.
 

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