Ebay Problem

[sudo]

What is the name of your state? NH

I Sold a 1984 camper, when I listed my auction for some reason I could swear it was a 1989, I was unable to find the title that day ( honest not trying to rip somebody off) I was very clear in my auction as to what the camper would need to become road ready, namely tires.

Somebody bought the camper on a Sunday paypal'ed me 500 down, and setup a time of the following Sat. to pick it up and pay off the rest. I contacted this person 3 times, during the auction advising her to come look at the camper( I did however have very detailed pictures ) she never bothered stating "it looked fine"

Once the bidding was over, I again contacted her to advise her to come pay for it so she could get a bill of sale, and be able to get it registered, as the plate was from 2005. She said it was too far a drive and would pay on Sat.

Sat comes I search the house one last time for the title ( I wasn't too worried as it doesn't need one to be sold) and I find it, I copy down the year, make model and vin on the bill sale.

Being a nice guy I take a chance and drive the camper to VIP where we meet so she can get new tires. She signs the 2 copies of the bill of sale, as does the witness. She then contacts me the next day saying tires cost 297 bucks and I listed this camper as a 1989 and its a 1984, and she wants a full refund plus the 297 bucks she spend on tires or she is going to sue me. I really think the problem is that she is unhappy with what she bought or unhappy that she had to invest another 300 bucks into it.

Is an ebay listing a binding agreement in anyway? It was an honest typo on there site, but the bill of sale is 100% correct.

Any advise would be great ( sorry this was so long)

 

[moburkes]

If you thought it was an 89, but then realized it was an 84 when you copied the information for the bill of sale, why didn't you tell the customer at that point?

 

[CraigFL]

I think you're going to have trouble here. Usually, sales like this are "as-is" unless you specifically give warantees but the year of the vehicle is something so specific and important to the sale. When the camper is 5 years older than the buyer thought it was, can be a real shock. No one but you knows if this was done deliberately. It does sound like you tried to cover up your error by correcting it on the bill of sale. At the very least, to the buyer, you are very irresponsible not to know this information or to have looked it up before you posted your auction. Along with this is the usual problem of "buyer's remorse".

Your best bet is to reduce the price to the present customer to get them to keep it but if they want their money back you will have to eat the cost of the tires and trouble.

 

[sudo]

I didn't notice until two days later when she sent me an email saying she was going to sue. At that point I went back to check the auction and noticed that I did typo it.

If I had crossed checked the auction to the title that morning, I would have told her. Once again not trying to rip her off. I really think she just doesn't want to pay for the tires and registration.

 

[moburkes]

I didn't notice until two days later when she sent me an email saying she was going to sue. At that point I went back to check the auction and noticed that I did typo it.

If I had crossed checked the auction to the title that morning, I would have told her. Once again not trying to rip her off. I really think she just doesn't want to pay for the tires and registration.

But, as was stated before, a 5 year difference is HUGE! You 2 need to come to an agreement, or she probably will sue you.

 

[sudo]

I think you're going to have trouble here. Usually, sales like this are "as-is" unless you specifically give warantees but the year of the vehicle is something so specific and important to the sale. When the camper is 5 years older than the buyer thought it was, can be a real shock. No one but you knows if this was done deliberately. It does sound like you tried to cover up your error by correcting it on the bill of sale. At the very least, to the buyer, you are very irresponsible not to know this information or to have looked it up before you posted your auction. Along with this is the usual problem of "buyer's remorse".

Your best bet is to reduce the price to the present customer to get them to keep it but if they want their money back you will have to eat the cost of the tires and trouble.

I guess my point is ,that the bill of sale that she viewed and signed as well as the 2 witnesses lists the correct year (once again, it was a week after I listed the auction, and I just copied the information right from the title in the kitchen it wasn't done deliberately) it's not my fault she didn't read it? Had she said something I would have maybe knocked a few hundred off or something. ( I have made that offer now to her )

I am really not looking for everyone moral opinions on if I tried to screw this lady over. I looking for legal advise, if taken to court having a bill of sale plus signed over title with all the information correctly on should hold up?

 

[sudo]

But, as was stated before, a 5 year difference is HUGE! You 2 need to come to an agreement, or she probably will sue you.

moburkes
Occupation:
insurance agent

does anybody that posts here have any legal background? Or does everyone just post there personal opinion

what would she be able to sue me for? and ebay listing typo? The bill of sale is correct as well as the title both read by her and signed.

 

[moburkes]

Originally, I believed you. But, now I don't. In your first post you stated that you wrote the auction for an 89

when I listed my auction for some reason I could swear it was a 1989,

Then, in the most recent post, you stated that it was a typo:

I didn't notice until two days later when she sent me an email saying she was going to sue. At that point I went back to check the auction and noticed that I did typo it.

Legally, you signed a contract through ebay for a 1989, which you have yet to deliver. You also signed a contract for a 1984, which you delivered.

I hope you come up with a better story for the judge, in regards to the "mistake".

 

[moburkes]

moburkes
Occupation:
insurance agent

does anybody that posts her have any legal background? Or does everyone just post there personal opinion

FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding.


Did you miss that part when you subscribed?

 

[sudo]

Pal my story is the same, when I listed the auction I was unable to find the title, and could swear it was a 1989. Sat morning my wife ( who was home) knew right where the title was .. this was 2 and 1/2 weeks from the time I posted the auction, I guess your memory is much better then mine.

I sat in the kitchen and copied everything off the title to the bill of sale. she then contact me 2 days after the SALE ( in person SALE ) to say I listed the wrong year. That is when I checked my auction again.

Your pretty quick to jump the gun on an honest mistake..

 

[sudo]

FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding.


Did you miss that part when you subscribed?

I didn't ask for a warrant just if anybody with a legal back ground comes here.

Guess I missed the part where if you ask for advice expect to get replies from jerks who like to troll.

 

[moburkes]

Huh? You said that you listed it as an 1989, because you could have SWORN that is what it was. Then you later say that 1989 was a typo. Either you thought it was an 1989, or you thought you wrote 1984 on the auction.

 

[moburkes]

I didn't ask for a warrant just if anybody with a legal back ground comes here.

Guess I missed the part where if you ask for advice expect to get replies from jerks who like to troll.

Would you like to keep your posting privileges?
Did you read my legal advice above?
Or, were you so busy being pissed off that you missed it.
You don't get advice when you're rude, by the way.

 

[ForFun]

The eBay auctioning process formed a contract for the sale of a 1989 vehicle. The buyer gave you $500 pursuant to that contract.

After the fact, the buyer signed a bill of sale with different information (the year). But I don't think the bill of sale will negate the original contract, and will probably be looked at as no more than a receipt with a typo since you offered no consideration for the change in terms.

I'm not sure that I agree that you will be stuck paying for the tires, though. The buyer should have inspected the vehicle and made sure it complied with the contract terms before purchasing the tires.

 

[sudo]

Whatever, it's clear you have no legal advice and enjoy being a bully. You want to ban my account feel free. It's clear I am not going to get any help here anyways.

It's also clear that from the second I posted your opinion was I tried to screw over some ebay buyer. You have your opinion, I have the truth.

Bottom line is ebay just contact me, and there auction listing is not binding in anyway. If somebody doesn't pay you can't sue them you can just leave bad feedback. The binding contract I have is the bill of sale and it is correct.