Ebay Car Misrepresented, do I have a case?

[Gold8123]

California.

I purchased an old car on ebay for $6000:

• Written description as "runs great"
• in person assurance that there were no mechanical problems.

The vehicle broke down <50 miles into the drive home.

Repairs will be $2500+, $2000 of which is engine issue related.

Do I have a case for small claims? Do I have to prove that the seller knew the "runs great" description was fraudulent?

It helps my case (from a I'm the good guy perspective) that he apparently resold the car and collected money from a second bidder and never registered the car in his name.

Thanks!

 

[john123456]

California.

I purchased an old car on ebay for $6000:

• Written description as "runs great"
• in person assurance that there were no mechanical problems.

The vehicle broke down <50 miles into the drive home.

Repairs will be $2500+, $2000 of which is engine issue related.

Do I have a case for small claims? Do I have to prove that the seller knew the "runs great" description was fraudulent?

It helps my case (from a I'm the good guy perspective) that he apparently resold the car and collected money from a second bidder and never registered the car in his name.

Thanks!

Search the forum archives. This issue has been addressed over and over and over.

 

[Gold8123]

John,
I searched the archives and found no case that matched the details of the case I posted. We're clearly dealing in the grey areas of the legal system and small differences in the facts of the case can substantially alter the legitimacy of the case. I'd appreciate your opinion of the case? It'd be just as easy to write that as to write the non-reply that you originally posted.

Best regards.

 

[john123456]

I searched the archives and found no case that matched the details of the case I posted.
Then you need to search again.

We're clearly dealing in the grey areas of the legal system
Based solely upon the information provided in your post, there is no grey area in the law with respect to your fact pattern.

I'd appreciate your opinion of the case?
Ok, here it is, unless you received a written warranty from the seller, you have no case. Look up “caveat emptor.”

 

[dallas702]

Yes, you would have to prove the seller knew, or should have known, the car was ready to breakdown....almost impossible unless he is a professional auto dealer or hobbyist who sells these cars regularly.

Explain how he "resold the car" if you have possession of it.

 

[Gold8123]

John, please do not respond to any of my posts. I appreciate your insight that CA law is based on caveat emptor but you are rude.


I can prove that the seller knew of a specific mechanical issue with the car and did not disclose that issue when asked.
The seller claimed to have driven the car for errands. The original owner and my mechanic have both made statements that indicate anyone who drove the car for even one day would know that the power steering had a significant leak. The seller was asked if he knew of any mechanical issues and responded no.

On ebay, he sold the car to me. And then relisted the car and "sold" it to another person. The person wrote me and claimed that they sent money, hadn't heard from the seller, were worried, noticed my earlier auction, and wondered if I had heard from the seller.

My question comes down to whether or not I can take this to small claims and possibly get a judge that sees the evil ways of the seller and grants me a judgement.

 

[john123456]

The seller claimed to have driven the car for errands. The original owner and my mechanic have both made statements that indicate anyone who drove the car for even one day would know that the power steering had a significant leak.

That's fascinating given the fact you drove the vehicle in excess of 50 miles and did not realize there was a problem until the car broke down.

The bottom line is you had an opportunity (and responsibility) to have a qualified mechanic inspect the vehicle prior to making the purchase. You failed to do so. Good luck with your fraud claim.

 

[Gold8123]

You're both rude and stupid. As previously requested, please do not respond to my posts.