JSAautomotive
Member
Hello there. I purchased an 87 Buick Grand National off a fellow from O'Fallon, Missouri here in Los Angeles, Ca on Ebay. The care was damaged in the transporting because of a prior body repair that was never fixed correctly. This caused the damage. Along with the seller completely misrepresenting the car according to the listing.
Here's the listing.
http://cgi.ebay.com/ebaymotors/ws/e...TRK:MEWA:IT
I formally asked him to re-imburse me a certain amount to bring the car back to how he had it listed as. No response now for over 3 weeks.
I have all the info to file on him, and already attempted to do so with the Los Angeles small claims court system. The request came back saying that you cannot sue someone out of state.
Now since Ebay is considered an "online auction house", and the descriptions and term/conditions are considered a contract. This would imply that Ebay enables me to purchase items under contract thru them via the seller. This would be deemed "interstate business". Now I'm sure that Ebay has an agent for service here in California, as they are based here. And Ebay does have a dispute resolution service, but they only offer up to $200 refund. Why couldn't I file against Ebay and also name the seller of the vehicle??
On my filing papers it states, "Why are you filing your claim at this courthouse", and I checked the box that said, "a.) Where a contract (written or spoken) was made, signed, performed, or broken by the defendant OR where the defendant lived when the defendant made the contract." It clearly states on the small claims documents that if the written contract was made, performed, or broken by the defendant in my state, that my state would be the proper venue.
So my claim to venue is of the 1st portion of A). Do I have standing in my venue??
Thanks in advance to anyones help. I really appreciate having a forum like this. If I can answer anyones car repair questions, I am a fully certified mechanic and automotive technical instructor.
Thanks... John
Here's the listing.
http://cgi.ebay.com/ebaymotors/ws/e...TRK:MEWA:IT
I formally asked him to re-imburse me a certain amount to bring the car back to how he had it listed as. No response now for over 3 weeks.
I have all the info to file on him, and already attempted to do so with the Los Angeles small claims court system. The request came back saying that you cannot sue someone out of state.
Now since Ebay is considered an "online auction house", and the descriptions and term/conditions are considered a contract. This would imply that Ebay enables me to purchase items under contract thru them via the seller. This would be deemed "interstate business". Now I'm sure that Ebay has an agent for service here in California, as they are based here. And Ebay does have a dispute resolution service, but they only offer up to $200 refund. Why couldn't I file against Ebay and also name the seller of the vehicle??
On my filing papers it states, "Why are you filing your claim at this courthouse", and I checked the box that said, "a.) Where a contract (written or spoken) was made, signed, performed, or broken by the defendant OR where the defendant lived when the defendant made the contract." It clearly states on the small claims documents that if the written contract was made, performed, or broken by the defendant in my state, that my state would be the proper venue.
So my claim to venue is of the 1st portion of A). Do I have standing in my venue??
Thanks in advance to anyones help. I really appreciate having a forum like this. If I can answer anyones car repair questions, I am a fully certified mechanic and automotive technical instructor.
Thanks... John