Car Seller lied on his ad EBAY/stuck with a non-functioning car!

[voyage311]

What is the name of your state?What is the name of your state?What is the name of your state? Virginia

I just bought a 91 Mercury Capri from someone here on Ebay. I went to pick it up from them and it looked like they had many old junk cars they were fixing and putting up for sale on Ebay. I paid and brought the car home. Well, the next day, I got the oil changed and the air filter replaced, the tires replaced, and a headlight replaced, I was thinking okay, I can live with that, and didn't bother the seller to tell them, how fast their car was falling apart. Well the next day, the whole engine stopped running, I had it towed to a mechanic for $68 after waiting all night until the next day for a tow truck, sleeping in the small Capri. Well when the mechanics seen it they tell me that the bolt was installed too tightly on the crankshaft causing it to shear off, and ruin the crankshaft, pulley, timing belt. So, I ask the mechanic, what is the solution tofix it, he shakes his head and tells me I will need a engine replacement, and same with other 3 mechanics I asked. Now I go and tell the seller what happened and the seller is not willing to give a refund or anything. I am stuck with a Mercury Capri that wont run. Seems like the buyer just fixed up a junk car (it looks like it has been sitting in a junk yard a while) enough for it to run a few miles until he can get a signature and that's it. I think he knew very well that he tightened that bolt too tight which caused it yo break. So, I ask do I have any recourse here? I have filed a claim with paypal, thats pending for 1,250. and I paid 400 in cash. I will contact ebays policy. but can they keep that money although they knew that that car was a deadbeat and listed it as running great? Here is the auction:
http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&item=2485655546&category=5366

 

[I AM ALWAYS LIABLE]

What is the name of your state?What is the name of your state?What is the name of your state? Virginia

I just bought a 91 Mercury Capri from someone here on Ebay. I went to pick it up from them and it looked like they had many old junk cars they were fixing and putting up for sale on Ebay. I paid and brought the car home. Well, the next day, I got the oil changed and the air filter replaced, the tires replaced, and a headlight replaced, I was thinking okay, I can live with that, and didn't bother the seller to tell them, how fast their car was falling apart. Well the next day, the whole engine stopped running, I had it towed to a mechanic for $68 after waiting all night until the next day for a tow truck, sleeping in the small Capri. Well when the mechanics seen it they tell me that the bolt was installed too tightly on the crankshaft causing it to shear off, and ruin the crankshaft, pulley, timing belt. So, I ask the mechanic, what is the solution tofix it, he shakes his head and tells me I will need a engine replacement, and same with other 3 mechanics I asked. Now I go and tell the seller what happened and the seller is not willing to give a refund or anything. I am stuck with a Mercury Capri that wont run. Seems like the buyer just fixed up a junk car (it looks like it has been sitting in a junk yard a while) enough for it to run a few miles until he can get a signature and that's it. I think he knew very well that he tightened that bolt too tight which caused it yo break. So, I ask do I have any recourse here? I have filed a claim with paypal, thats pending for 1,250. and I paid 400 in cash. I will contact ebays policy. but can they keep that money although they knew that that car was a deadbeat and listed it as running great? Here is the auction:
http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&item=2485655546&category=5366

My response:

What did your written warranty say that the seller gave you? What did the mechanic in Virginia say about the car when you took it for inspection BEFORE you plunked your money down?

It says on the eBay site, "Get the Vehicle History Report". What did that report say?

By the way, what does the word "puffing" mean to you?

IAAL

 

[voyage311]

My response:

What did your written warranty say that the seller gave you? What did the mechanic in Virginia say about the car when you took it for inspection BEFORE you plunked your money down?

It says on the eBay site, "Get the Vehicle History Report". What did that report say?

By the way, what does the word "puffing" mean to you?

IAAL

I didn't get the vehicle history report.
The seller offered no warranty and sold it as-is.
puffing means blowing off steam if thats what you meant?
Well, the car drove fine when I first got there, then a few days later, the engine stopped functioning. Am I out $1500? This seller knew he was selling a lemon, that's why he does it through ebay. Thanks for reading my post.

 

[I AM ALWAYS LIABLE]

My response:

A good attorney never asks a question for which he/she doesn't already know the answer. Remember that. And that's why I asked my questions to you - - one of which you failed to answer at all; i.e., The mechanic inspection in Virginia question.

I didn't get the vehicle history report.

MY RESPONSE: I could tell from the way you wrote your post that you hadn't done a vehicle history report.


The seller offered no warranty and sold it as-is.

MY RESPONSE: I knew that too, or you would have mentioned it. Unless there's an explicit written warranty, all private sales are "as-is", "where-is".


puffing means blowing off steam if thats what you meant?

MY RESPONSE: No. "Puffing" is quasi-legal jargon. It encompasses phrases like, "It runs great", "It's a real beauty", "Rides like a dream", etc. Here's a recent case from the 9th Circuit Court of Appeals:

Passenger sued Cruise Line for injuries suffered aboard ship and joined a claim against nondiverse Travel Agent for "negligently misrepresenting" that Passenger would be "safely and adequately served" by Cruise Line. Under applicable state law, mere sales talk or "puffing" did not constitute actionable negligent misrepresentation. [Morris v. Princess Cruises, Inc. (9th Cir. 2001) 236 F.3d 1061, 1067-1068]

This is the same interpretation of law all over the United States concerning "puffing".




Well, the car drove fine when I first got there, then a few days later, the engine stopped functioning.

MY RESPONSE: An experienced mechanic would have been able to tell you that the engine was worthless, and not to buy the car. That's why I asked you if you had the car inspected BEFORE you plunked your money down.



Am I out $1500?

MY RESPONSE: Yes. You failed in your duty to yourself, and now your situation falls under "Caveat Emptor" - - "Let the buyer beware".




This seller knew he was selling a lemon, that's why he does it through ebay.

MY RESPONSE: Selling through eBay is not proof of knowledge that something is a lemon. That's up to you to find out BEFORE you buy.

It's an expensive lesson, but you have no recourse. And, even if you did, it would be extremely expensive because of crossing State lines, and he's not subject to your States' jurisdiction. You'd have to sue him in his State. However, like I said, concluding that he "knew" it was bad, or that he "misrepresented" the car to you are HUGE hurdles to leap - - and that Caveat Emptor will stop any lawsuit in its tracks.

Next time, buy locally and stop buying off the Internet.


IAAL

 

[voyage311]

This person lives in my state of Virginia.

So puffing is a form of misrepresentation? And caveat emptor works on my side? This person is selling more cars like this through the internet making a fortune. I need my money back, he promised this car would run and not just a parts car.

No I didn't inspect the car prior to bidding but when I went down there to pay for it, it ran good and he promised everything would be okay as he is a mechanic himself, who owns a shop where he fixes up cars and sells them online. I hope I am giving you enough information.

 

[I AM ALWAYS LIABLE]

This person lives in my state of Virginia.

So puffing is a form of misrepresentation? And caveat emptor works on my side? This person is selling more cars like this through the internet making a fortune. I need my money back, he promised this car would run and not just a parts car.

My response:

"Puffing" is not misrepresentation in the legal sense. It's like icing on a cake. The words are used, as in advertising, to make the sale more "pleasing" - - but under the law, such words have NO meaning. Things like "It runs great" means nothing. It can mean different things to different people. What does "great" mean? Does it mean "showroom" condition, or does it mean it runs as well as can be expected for a 15 year old car?

You see, such phrases and words are unenforceable under the law. That's why I gave you that case law as a reference - - but apparently, you didn't understand it. Puffing words are purposely used in advertising all the time because such words are vague and ambiguous. "New and Improved!" What does that mean?

Caveat Emptor DOES NOT work in your favor. It's a "defense" to any lawsuit you might file, that the seller can use AGAINST you.

You're so single-minded about getting your money back, that you're not understanding what I'm writing to you. Let me spell it out for you - - you are NOT going to get your money back. That's it. It's over.

Good luck.

IAAL

 

[stephenk]

"This seller knew he was selling a lemon, that's why he does it through ebay."

so what was your excuse for buying the car through Ebay?

 

[voyage311]

Well pardon me if I sound naive, but I thought EBay sellers were trustworthy and dealing on a higher standard. I've been dealing on EBay for 6 months and always been honest and careful. Now this seller sold me this car which ran only a few miles, not over 200, and D.I.E.D. btw 108k miles is not HIGH in my opinion. I am a very good careful driver, I didn't slam on the gas or anything. I just needed a compact car to get from work to home nothing else. This car broke, and the dealer knew full well it was a lemon, but people been telling me that I didn't inspect it before I smacked the cash down and etc! which is annoying. But I did a good check. The seller had doctored it up to run a while. When I took it to the mechanic he tells me whoever sold it to you had tightened the bolt on the crankshaft too tight causing it to break. thats like the buyer put some chemicals in the gas to run a while then it will die but after I was pleased with the cars performance.

 

[leeway00]

Seems like the seller used the same pics to sell two different cars according to the auctions.

Voyage311 purchased this car.

http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&item=2485655546&category=5366

Yet the same pics were used to sell this car with a different VIN number a bit earlier. Or so it seems.

http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&category=5366&item=2481797382

Is this even remotely legal? The first buyer supposedly states that s/he was totally satisfied with the car. So who purchased the car in the pics & what was delivered to the other person?

Leeway

 

[wtholmes]

One mans fruit...

Hello,

I hope this post is timely. I have a 1994 Mercury Capri and am looking for a parts car. Maybe I can offset some of your loss.

Thanks,

WTHolmes

 

[racer72]

Dude, did you notice that the thread was almost 3 years old? The OP is likely long gone never to return here.This is a legal forum, not a car forum, take your part hunting elsewhere.

 

[wtholmes]

Desperate times...

If you knew how sweet my capri was, you would be helping me find the parts I need just so you could get to ride in it!

 

[racer72]

If you car was so "sweet", why are you looking for parts in a legal forum? A Mercury Capri never has and never will be sweet. Sweet is my 66 GTO. Sweet is my 69 Boss 429 Torino. Sweet is the 70 Barracuda convertible I just made an offer on.

 

[wtholmes]

Sweet Indeed!

Bro, you are preachin to the choir, those are SWEET rides. However, don't knock my tactic or my Capri, Betsy Jr., is delectable too.