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misrepresentation of auto purchase on eBay

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Jay Byrd

Junior Member
Wichita,Kansas,USA,Purchased 2006 Expedition on eBay last week for $13K from seller agent,delivered from Texas.Used buy now option,immediately payed $500 deposit,PayPal.Vehicle delivered 4 days later by owner/dealer with open repo title,not disclosed before sale when asked. After initial walk around,found various issues even though advertised "immaculate,flawless, mint,never damaged,needs nothing".I told him I didn't want it and he threatened legal action, frightening my wife.We negotiated $750 reduction for obvious minor issues,took delivery,signed standard dealer"as is"document. Closer inspection next day revealed more serious issues & damage:power window problem, stereo problem, previously repaired body damage, current damage to roof rack & roof pushed in from heavy load,visible only after standing on rear bumper. Called seller agent(not owner)to notify problems and stopping payment on funds until we can resolve, recommended they pick up car. Seller agent stated "we are faith based organization,do not worry,will make it right, refund deposit, pick up car".Sent e-mail as written notice, requested they pick it up. Owner does not agree with his agent and threatens legal action.So far, I'm out my deposit but I have the car. What is my exposure? What recourse may I have? Advice? Thanks, Jay.
 


Zigner

Senior Member, Non-Attorney
Wichita,Kansas,USA,Purchased 2006 Expedition on eBay last week for $13K from seller agent,delivered from Texas.Used buy now option,immediately payed $500 deposit,PayPal.Vehicle delivered 4 days later by owner/dealer with open repo title,not disclosed before sale when asked. After initial walk around,found various issues even though advertised "immaculate,flawless, mint,never damaged,needs nothing".I told him I didn't want it and he threatened legal action, frightening my wife.We negotiated $750 reduction for obvious minor issues,took delivery,signed standard dealer"as is"document. Closer inspection next day revealed more serious issues & damage:power window problem, stereo problem, previously repaired body damage, current damage to roof rack & roof pushed in from heavy load,visible only after standing on rear bumper. Called seller agent(not owner)to notify problems and stopping payment on funds until we can resolve, recommended they pick up car. Seller agent stated "we are faith based organization,do not worry,will make it right, refund deposit, pick up car".Sent e-mail as written notice, requested they pick it up. Owner does not agree with his agent and threatens legal action.So far, I'm out my deposit but I have the car. What is my exposure? What recourse may I have? Advice? Thanks, Jay.
You were aware the vehicle had problems and negotiated a new "deal". Enjoy your car. I would suggest you pay for it, as you agreed.
 

Jay Byrd

Junior Member
You were aware the vehicle had problems and negotiated a new "deal". Enjoy your car. I would suggest you pay for it, as you agreed.

Hindsight is 20/20. I know this was a mistake however, I was trying to work with him since he just hauled it 500 miles. The roof problem was the deal breaker and I didn't see it until the next morning. The car was delivered at dusk the previous evening because the owner/dealer was running late. Through various calls prior to the purchase, he had assured me that it was flawless and in need of nothing. I have always 100% followed through with any deal that I have negotiated but in this case, I am sure that I was being blatantly misled and lied to. This is actually the first time I have ever been burned on a car deal and I've bought quite a few. The guy is dishonest so why would you believe I should accept the loss?
 

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