Accused of Theft by Deception

I worked as a used car salesman in Florida when a women who lives in Kansas was high bidder on an Ebay auction for an 04 VW Jetta in June 2009. She made a $500 deposit via Ebay and arrived at the dealership where she inspected the car and then agreed to purchase the car if we would have an oil change done before she left. She stayed over night while the service was completed, then the next day completed all of the paperwork on the purchase and left.

Once she arrived in Kansas she went to a dealership were she was told they wanted to do $2500 worth of work on the car. She then contacted me saying she wants me to pay the $2500, along with her airfare and hotel expenses in Florida and storage for the car until the work is performed. I pointed out she had inspected the car and the purchase contact which she signed states the car was sold "AS IS, with all faults is not covered by any dealer warranty" which is stated several places throughout the contract.

She has since somehow got the the district of Marshall county Kansas to file a warrant for my arrest for "Theft by Deception", a severity level 9 nonperson felony. I contacted the DA in Marshall County and explained I was just the salesman for the dealership which is incorporated and the car was sold "AS IS" as stated in the signed contract. The DA then told me if I would just pay the women what she wanted, the DA office would drop the criminal charges.

I made $100 commission and now the DA wants me to pay about $6400 to this women.... the whole purchase price of the car was under $8100.... so I guess here are my questions......

Why is the State of Kansas involved with a purchase that was made in Florida, why Marshall County is filing theft against me and not the dealership, isn't that some sort of extortion telling me to pay the lady and they will drop the criminal charges and where is the theft?

Any advise or clarity you can add to this situation would be greatly appreciated.

Because the buyer was in Kansas when the purchase was made.

No, the state is giving you the option of making the person you stole from whole to avoid additional legal issues. Since any sentence you received would include the same restitution, this is hardly extortion.

They are filing against you because YOUR name is on the contract.

I would definitely run this past your attorney.

cyjeff
So using your logic, if the buyer was on vacation in California while they used a computer to send the deposit to Ebay, then California would be the one who needs to file charges?

Second, I was the one who showed her the car, the incorporated company is the one whom she wrote the check to and my name is not on the contract anywhere.

Lastly what was stolen? She wants additional work done to a car that she bought in "AS IS" condition.

cyjeff;2685239]Because the buyer was in Kansas when the purchase was made

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.purchase was made in FLorida.

She made a $500 deposit via Ebay and arrived at the dealership where she inspected the car and then agreed to purchase the car if we would have an oil change done before she left

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eBay specifically states the deals via eBay are not contracts to purchase. Even if you want to consider it a contract, buyer renegotiated the contract once she arrived in Florida so the actual contract was entered into in Florida.

Theft by deception would only be applicable if you fraudulently misrepresented the vehicle. Even if the contract is "as is", you do have to consider what you represented it to be. There is more to this than you know or you are saying here. I would definitely speak with an attorney.