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Legally, is he refusing to pay?

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Mikey&Abby

Junior Member
We live in Missouri but the person/corporation we are suing is in Illinois.

Here's the situation:

We purchased a machine on ebay for just under 13K and found out later that the machine has a serious engine defect. He mentioned in the auction that the engine is newly rebuilt with low hours and in great condition. Not long after purchasing it and getting it home, I was sorting through receipts on repairs that had been done to the machine and noticed that it just came back from the shop days before he listed it on ebay. The mechanic noted that the engine would need to be torn down to determine what the problem was. So in short, he knowingly sold the machine with the defect. It would have greatly affect the machine's value and bidding price if he had disclosed it in the auction.

He also misrepresented the hours on the machine. There's no way of knowing how many hours is on the machine if the hour meter doesn't work. He never mentioned that the hour meter is not working! Documents from the shop shows the same amount of hours on the machine. It had been in and out of the shop, 6 months apart.

I brought this matter to his attention telling him that he knowingly sold me a defective machine and he emailed me back and said "he has no problem paying for the repairs". But he wanted to pay the shop directly and I wanted him to send payment to me so I would know for sure I have the money to fix the machine. I did not want to run the risk of not having adequate funds to pay the shop thus possibly losing my expensive machine. He sent me a follow-up email, basically ignoring my request stating that he would pay the shop directly.

With his track record of not telling the truth in the past, I was not comfortable in this arrangement.

Since he ignored my request for payment in the method I want to, legally, has he refused to pay??? For example: if I run into your car, I don't say, bring me an estimate and I would pay the shop directly. It doesn't sound right. I would pay you and you would have your car repaired.

Thanks!
 


racer72

Senior Member
You have already recieved answers in the other posts you have started, you don't need to start new posts.
 

Mikey&Abby

Junior Member
With all due respect, if you would carefully read the whole post, you would realize that I am asking a different question. I have to give background of what the matter is about for other members that may have not read the previous post I made.
 

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