• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

E-Bay auto purchase gone bad**************.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Stonejaw

Junior Member
What is the name of your state? Colorado

Recently purchased a car on E-Bay. The out-of-state seller has sold hundreds of cars with generally good reviews. Represented that everything was excellent on the car. Carfax and Autocheck (Experian) reports showed no problems. Seller is a SquareTrade member and said the vehicle had been inspected and posted inspection results. Seller is a fully licensed, bonded, and insured wholesale auto dealer. Well in reality the car had been in a significant front end collision. Repairs were done poorly and body shop thinks it likely there is hidden damage as well. Cost to repair visible damage is $3,200! Seller has offered $300 to settle. Any ideas /advice? I'm thinking of taking him to small claims court after fully documenting damage. Thanks.What is the name of your state?
 


Zigner

Senior Member, Non-Attorney
You don't give the state where the dealer is located, so I'll assume it was also in Colorado...pay particular attention to #5 & #13. Unless you are saying that the car is unsafe, then I think you're out of luck and should take the $300!

From the Colorado Department of Revenue web site:

CAR BUYING TIPS

Most motor vehicle purchasing problems occur because of two things:1) poor communication between customers and dealers, and 2) major misunderstandings by customers of what their obligations are. Few complaints involve fraud.

It is important that you think through your purchase decision and understand what your obligations and rights are. Do your homework and be an educated consumer!

1. Determine the type of vehicle you want, need, and can afford. How will the vehicle be used? What optional equipment do you need?
2. Shop around! In addition to the price of the vehicle, consider cost of insurance, maintenance expenses, financing, etc. Get all the facts you need to make a good decision.
3. Consider how you are going to pay for the vehicle. Cash, loan, amount of down payment? Shop for the financing just as you shop for the car. Compare all the terms of financing, not just the monthly payments. Pay attention to the interest rate, number of months, down payment, amount of finance charge and total price.
4. There is NO AUTOMATIC RIGHT TO CANCEL a vehicle purchase within three days.
5. Most used vehicles are sold "as is", without any guarantee or warranty. It is important that you or a qualified mechanic thoroughly inspect the vehicle before buying.
6. Dealers must post a Buyer's Guide on all used vehicles. This window sticker will tell you if the vehicle is being sold "as is" or with a warranty, and the terms of that warranty. It will also indicate if a service contract is available for the vehicle, and whether or not there is an extra charge for that contract.
7. Federal law requires that new cars, station wagons and vans display a label showing the Manufacturer's Suggested Retail Price (MSRP). This label gives you an idea of where to begin negotiating on price and provides a benchmark for comparing prices between makes and models. Dealers may also add a supplemental label for dealer-added equipment, handling charges, extra profit and similar fees.
8. There are various publications which quote relative values for used vehicles. These so-called "book" prices can be used as guidelines for pricing. However, many factors, including mileage, condition, equipment, and age affect the price for a specific vehicle.
9. GET EVERYTHING IN WRITING! To avoid misunderstanding, get all promises in writing on the contract that you sign. If repairs or accessories are promised, specify a date of completion and have it written in the contract.
10. Read and understand all the terms of the contract before signing. Do not sign anything that has not been filled out completely. Get a copy of everything that you sign when you sign it.
11. Read each section of the "Disclosures As Part of a Motor Vehicle Sales Contract" form before signing.
12. The bottom line price after trading is the important figure. Negotiate your deal with and without your trade-in. Consider selling your old car yourself.
13. Colorado law requires a dealer to sell vehicles in a safe condition (tires, brakes, lights, horn, muffler, wipers, etc.)
14. New vehicles are covered by the manufacturer's warranty. Make sure you receive a copy. You are responsible for the maintenance to keep the coverage in effect.
15. Extended service contracts are usually available for purchase. Study the policy or contract carefully and ask the following questions:

- Who does the work?
- Is any authorization necessary?
- What if you're out of town?
- Is there a deductible amount or service fee?
- How is payment made?
- What maintenance are you responsible for?
- Can you cancel and get a refund?
- Is the service contract transferable if you sell the car?
- How reputable is the company providing the coverage?
- Do they have a local representative?
- How long have they been in business?
16. If you make a deposit on a vehicle and want it to be refundable, make sure that this is written into the sales contract or purchase option that you sign.
17. Lease or Buy? Leasing is comparable to renting. You are paying for the use of the vehicle, but you do not build any equity (ownership). Again, do your homework to determine which is best for you.
18. A "high pressure" sale, by itself, is not illegal. Don't be reluctant to bargain and don't be hesitant to say "NO" or walk out. After all, it is your money.
 

divgradcurl

Senior Member
Stonejaw said:
What is the name of your state? Colorado

Recently purchased a car on E-Bay. The out-of-state seller has sold hundreds of cars with generally good reviews. Represented that everything was excellent on the car. Carfax and Autocheck (Experian) reports showed no problems. Seller is a SquareTrade member and said the vehicle had been inspected and posted inspection results. Seller is a fully licensed, bonded, and insured wholesale auto dealer. Well in reality the car had been in a significant front end collision. Repairs were done poorly and body shop thinks it likely there is hidden damage as well. Cost to repair visible damage is $3,200! Seller has offered $300 to settle. Any ideas /advice? I'm thinking of taking him to small claims court after fully documenting damage. Thanks.What is the name of your state?
Did you get a warranty on the car? If you bought the car "as is," you may be out of luck. Where is the auto dealer located? You'll almost certainly have to sue them in their own state.
 

Stonejaw

Junior Member
Dealer is in Pennsylvania.
I understand that legal action (small claims court) needs to be filed in the state of sale (unless you get lucky and use the US Postal service.
Sellers have an obligation to not materially misrepresent what they are selling and buyer has an obligation to check things out to the best of their ability. Understood. However, it is widely acknowledged by many souces that buyers in online auctions can't reasonably be expected to physically check a vehicle due to the speed required and the fact that most sellers require inspections to be done before purchasing. :confused:
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top