• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

ebay car purchase has become my worst nightmare

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.
W

widebody2

Junior Member
What is the name of your state?NY
Hi Guys. I purchased a salvage title 2004 lincoln ls on ebay about 6 weeks ago. The auction stated that the car was flawless...just like a new car. There was no mention of any problmes what-so-ever. When I got the car there was a host of glaring problmes. The auction stated 8000 miles on odo.
-1600 exra miles on the clock
-large door ding/scrape on mirror
-leather has many imperfections with one glaring tear in the back seat
-emergency brake is broken
-check engine light is on
-dash says check fuel cap....but the cap is on tight
-large oil leak
-terrible burning smell when the car comes to a stop
-AND the big one...the transmission feels horrible...like I may get another 5k miles out of it.

On top of all this I can not legally register the car in NY. It needs to pass a salvage title inspection which requires receipts for everything that was replaced. I purchased this car from a dealership. They refuse to send me the receipts even though in the past they have claimed to have them. I have called almost everyday for 6 weeks and get the runaround every single time. They have already been kicked off ebay due to screwing over other buyers so they have absolutely no reason to satify me. I am in NY...they are in California. I've tried contacting lawyers but it doesn't seem like anyone wants to work with me. I basically dumped all of my money into this car and my new home so can't afford to pay a lawyer up front...I wold like to do one of the deals where if we win they get paid. I don't see how I could lose this case when it was bright as day FRAUD. Here is a link to a page I have dedicated to my car problems http://www.singleturbo7.com/wst_page2.html
can anyone offer some advice please.
 


C

cjbrown929

Member
souls can be salvaged, but not lincolns

A "salvage title" is a euphemism for a vehicle whose cost to repair whatever damage it has suffered exceeds its value.

How anyone can describe or believe that a salvaged vehicle is "flawless" is beyond the ken of mortal men.

I just reread your post, and noticed that you said there was a discrepancy on the odometer. THIS COULD BE YOUR TICKET. Federal odometer disclosure laws, which every state must follow, are very strict. If it can be shown that the dealer did not disclose that the true miles are unknown on the car, AND they did not not disclose this fact to you (it's easy: look at your contract where the miles are listed. They CAN list the miles shown on the odometer, but MUST also note that the true miles are unknown if they are off by even a fraction of a mile) they are liable for triple damages. THAT can get the attention of an attorney.

Is this the case?
 
Last edited:
W

widebody2

Junior Member
Thanks for the replies. Obviously the car was rebuilt before I bought it which I failed to mention. Anyway, the seller did not state that the true miles were unknown. Basically they just stated that there was 8600 or so miles on the paper work when in fact the car arrived to me with that number plus 1600 miles. Basically it looks like someone from the dealership was using my car for the month in between the auction/ when I actually paid for the car and when it was actually shipped to me. On top of the problems I listed previously the seller also stated that the car suffered no frame damage in the accident. I brought the car to a body shop and they confirmed that this was also a lie since the frame has clamp marks on it from being in a frame straigtener. The back seat also is always wet...I believe there must be some type of opening in the bottom of the car which allows the rear weel to spin water up into the underneath of the seat. Ots wet so much that if you push down on the leather you will actually have water droplets on your palm...not just damp. When I purchased the salvage title vehicle I did realize I was taking a chance and I was in no way expecting perfection but I also was not expecting problems to the extent that I am having. Thanks guys
 
justalayman

justalayman

Senior Member
In response to cjbrown: NO a salvage title is not a euphemism at all. When a car is totaled, the title is sent to the state as the only value of the car is as scrap or parts. A salvasge title can be obtained from the state and the vehicle can be repaired to drivable condition if one desires.


To the OP. You have a couple of problems here. one being that you did by it as-is.
The mileage thing really isn't that big of a deal. It is not uncommon for a vehicle to be driven between the time of initial offering and a subsequent sale. If they sold it as actual mileage and that actual mileage was written on the title, then you have no complaint (at least from the mileage disrepancy you note)

The problem is that you feel the vehicle was misrepresented to you. That can, in some cases, over ride a claim of an as-is sale. Not as far as imposing a general warranty but for the items misrepresented.
Distance is also your enemy. Granted we are talking $15k but if you need to travel much in trying to make a claim, it begins to make any recovery less and less valuable.

Grab a seat with an attorney and get an opinion as to the viability and method of any claim you might have. You might try ebay as well to see if they have any remedy for you.
 
W

widebody2

Junior Member
Thanks for the reply. I totally agree...i made the purchase as-is and with no warranty. With that said, I obviously would not have made the purchase if the seller was honest and listed the car for the pile of crap that it is. If I was to turn around and sell this car with an honest listing I would probably get 7 or 8 grand for it. The mileage that he wrote on the title was not the mileage that I received the car with. It was 1600 miles off...no its not the end of the world but its just one more thing on a long list of BS that I was handed by the seller. This is the link to the auction: http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&rd=1,1&item=4587573189&sspagename=STRK:MEWN:IT ...this guy makes the car seem like a dream when in reality everywhere I look there is something damaged or that does not work. As of right now with all this rain today my back seat is a swamp...you can litterally see the water sitting on top of my leather...it is totally saturated.
The car leaks about 2 qts of oil a week. It is a serious leak that he 100% had to have known about. My seat is supposed to have ac and heat. This does not work, check engine light, fuel cap warning light, ebrake warning light, scartches and scuffs everywhere, a terrible burning smell comming from my vents, dent in the door, and the major thing is the transmission litterally feels like a car that has 150k on the clock....it revs very high before it decides to shift then slams into gear. I believe to replace the tranny on these cars its $5k. I am into this car for over $16000 cash with the shipping and taxes. The car is actually an embarassment. This guy also flat out lied on the auction about the car not having any frame damage. The car must pass a salvage title test in order to have a legit title. The tests are done to check for cars that are rebuilt with stolen parts. It would not surprise me in the least if my car was rebuilt with stolen parts and gets confiscated on the spot. The dealership refuses to send me any receipts for the work done which is making me very nervous. I have posted my gripe to the lawyers on this site and hopefully something will come out of it. I've already contacted ebay and the best they can offer me is some $175 reimbursement and I have to jump through 20 hoops in order to get that. The seller has already been kicked off. The kicker is that the seller had really good feedback before I made my purchase then went down hill directly after. If anybody has any more suggestions please feel free to offer them.
 
Last edited:
C

cjbrown929

Member
As I have stated repeatedly, federal (and thus, state) odometer disvclosure laws are VERY strict. If there is a discrepancy of even a fraction of a mile, the car MUST be sold as "tmu" or total miles unknown.

The reason the feds are so strict is that vehicles are generally the 2nd most expensive purchase after housing for your average american. Because the odometer reading was incorrect, it would be impossible to know how many miles were on the car. "It should be pretty close" doesn't cut it! This fact MUST be disclosed on the contract where the "miles" are listed. Typically, instead or in addition to listing an actual number (like 18,242 miles, for instance), the seller MUST note that the total miles are unknown. If they don't, you DEFINITELY have recourse.

Don't take my word for it; look up federal odometer disclosure laws yourself . If justalayman knows something we don't, he should spell it out. I sold cars for ten years and while it may not seem like a big deal, it is. You could compare it roughly to disclosing (or NOT disclosing) known defects or problems when you sell real estate. All the seller had to do was put "total miles unknown" on the contract; if they didn't they have big problems.

This is a no-brainer. Send the seller a certified letter asking if they will confirm the miles listed on the contract as true and watch them start to dance.

Oh, and yes I do know that salvage titles are not just euphemisms, justa laidman. I was trying to be sarcastic.
 
Last edited:
justalayman

justalayman

Senior Member
CJ the concern I had with the OP's complaint of mileage difference was that it seemed to be mileage that had accrued from when the car was originally listed to the time it was sold. That is why in my post I had stated that if the seller had not put mileage unkown or the mileage stated was actually different than that on the odometer, then that would be wrong. No real diff from your point but trying to explain that the mileage advertised can and often will be different from what it is when the paperwork is done. Nothing wrong with that.
 
S

StickyFingers

Member
i made the purchase as-is and with no warranty
Click to expand...
Wiithin the advice given in all posts**************.This is the only relevant factor (that you admit!)

You got what you paid for....an "as-is" piece of sh!t, with no warranty!

You have no cause of action.
 
C

cjbrown929

Member
Justalayman: point taken. Sorry for my attitude.

OP: because of the great possibility that whatever happened to this car caused the odometer to not read the actual miles (ie replaced dash, new odometer etc etcx etc), I would still send the seller a letter (certified) asking them to confirm that, to the best of their knowledge, the miles indicated at the time of sale were correct.

Remember, if the odo is off by ANY amount, regardless whether the car was salvaged, the seller HAS to put it on the contract. If they don't, and knew it, they can be liable for triple damages. It's federal law; you might as well take advantage if it applies.
 
Last edited:
S

StickyFingers

Member
seniorjudge said:
I purchased a salvage title 2004 lincoln ls on ebay about 6 weeks ago.

That means it is junk.
Click to expand...
Exactly!. My previous post was before I visited the auction site,:

http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&rd=1,1&item=4587573189&sspagename=STRK:MEWN:IT

Even after i visited that site.....I scrolled down (like anyone with sense would)and saw "as-is no warranty!......Ummmm...RED FLAG!!!!!!! Especially on a 'salvage title" which means it has been 'totalled' in a crash at least once!

Hey...Honestly...anyone can make a piece of crap look good on picture. It is your fault you didn't mitigate your damages by having it checked out by a mechanic before you bought it!

Sorry...as-is....is what you bought!

Enjoy your new vehicle.
 
W

widebody2

Junior Member
If you take a look at just about any vehicle that is sold on ebay it will say sold as-is...this doesn't mean that its legal to completely misrepresent an automobile and its completely fine as long as you wrote as-is on your auction. I did not get what I paid for. What I paid for was the car that the seller described in his auction. The price on the auction got to the level that it sold at simply because he misrepresented it.
 
C

CarrieT

Member
widebody2 said:
Thanks for the reply. I totally agree...i made the purchase as-is and with no warranty. With that said, I obviously would not have made the purchase if the seller was honest and listed the car for the pile of crap that it is. If I was to turn around and sell this car with an honest listing I would probably get 7 or 8 grand for it. The mileage that he wrote on the title was not the mileage that I received the car with. It was 1600 miles off...no its not the end of the world but its just one more thing on a long list of BS that I was handed by the seller. This is the link to the auction: http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&rd=1,1&item=4587573189&sspagename=STRK:MEWN:IT ...this guy makes the car seem like a dream when in reality everywhere I look there is something damaged or that does not work. As of right now with all this rain today my back seat is a swamp...you can litterally see the water sitting on top of my leather...it is totally saturated.
The car leaks about 2 qts of oil a week. It is a serious leak that he 100% had to have known about. My seat is supposed to have ac and heat. This does not work, check engine light, fuel cap warning light, ebrake warning light, scartches and scuffs everywhere, a terrible burning smell comming from my vents, dent in the door, and the major thing is the transmission litterally feels like a car that has 150k on the clock....it revs very high before it decides to shift then slams into gear. I believe to replace the tranny on these cars its $5k. I am into this car for over $16000 cash with the shipping and taxes. The car is actually an embarassment. This guy also flat out lied on the auction about the car not having any frame damage. The car must pass a salvage title test in order to have a legit title. The tests are done to check for cars that are rebuilt with stolen parts. It would not surprise me in the least if my car was rebuilt with stolen parts and gets confiscated on the spot. The dealership refuses to send me any receipts for the work done which is making me very nervous. I have posted my gripe to the lawyers on this site and hopefully something will come out of it. I've already contacted ebay and the best they can offer me is some $175 reimbursement and I have to jump through 20 hoops in order to get that. The seller has already been kicked off. The kicker is that the seller had really good feedback before I made my purchase then went down hill directly after. If anybody has any more suggestions please feel free to offer them.
Click to expand...
I feel really bad for you... as thats alot of money, and no, Ebay is NO help (Ive had dealings before on a small scale with Ebay and them being zero help even if you file a fraud report or non receipt of item with them - ditto with paypal). However, I noticed that prior to your transaction the seller had marginal feedback - he had some glaring negatives for this exact same thing.

The only advice I CAN offer you in this, is something I learned the hard way. COPY PASTE the Ebay transaction into an email or word document or SOMETHING, because just keeping the link wont help you. After a short period of time EBay deletes the access to the auction thru the link and then you have to write them and go thru a bunch of hassle to try and GET access to that auction 'ad'. (Specially if you are going to go down the lawsuit road).
Carrie
 
A

ashkyla

Member
I hate to say this, but the odometer reading probably isn't going to get you anywhere. I went to the page you supplied, and followed a link to the actual eBay auction page, with pictures, and the last picture there is an up-close of the odometer reading 08855.3 miles. Which means that technically, the mysterious extra miles were disclosed before the purchase.

Honestly, I've never seen a car listed with that many pictures before--even on huge dealership auction pages. They actually posted pictures of just about every inch of the car--including all 4 tires.

The damage you cite doesn't appear in any of the pictures on the auction page, so either it happened after the car was listed, or you have a completely different car. Check the VIN number. If it doesn't match up with the auction you bidded on, you might have something.

But, seriously...the pictures on your site versus the pictures on the auction page--it doesn't even look like the same car. Something's going on here.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top