eBay Motors: Vehicle has wrong engine.

[RobertBorked]

What is the name of your state? CA

I purchased a 2000 Dodge Dakota 4x4 on eBay. Truck was listed as 4.7L. Seller sent me a carfax which showed same thing and also listed as having had only one owner. After winning the auction, turned out the seller was an independent used car dealer in Modesto, CA. The dealer also owns the wrecking yard on the same property.

That weekend I take the truck in for an oil change. The Dodge dealer that I took it to says the engine does not match the VIN. Turns out someone put in a 5.9L engine and the engine was manufactured in Jan. 1998 (truck is a 2000 model). They noted that it looked like the engine was probably pulled from a junk yard because it was rusty. The engine freeze plugs are rusting through and coolant is weeping out ($1500 repair). Dealer also stated that the VIN of the truck states that it left the manufacturer as a 2WD with an Automatic Transmission. However, what I brought home is a 4WD with a manual transmission. I'm not sure what the heck happened to this truck nor how many actual miles are on this rust bucket engine.

I got the title today from DMV and it says "actual mileage."

I contacted the seller and he said he would buy the car back. However, he keeps backing out and asking me to call him at the end of the week. Then he was out of town and now he's saying call him back in two or three weeks because he doesn't have the money to buy the truck back. He also told me that I got a great deal and that I could sell it for more money than I paid for it (sure if I'm dishonest like him).

I'm wondering if I should seek legal counsel to motivate this guy. He'll probably not want to refund all the money and the tax and registration fees I paid. This has been going on for over a month.

 

[Shelby6718]

You have recourse

I am not an attorney, far from it but I am a licensed dealer although not in California. However, some things are the same regardless of what state your located in. First, are you sure there was nothing in the eBay ad, your contract or any other written documentation that indicates there were modifications made to this vehicle? I know when an eBay ad is placed, when you input the vin on the preformatted screen, the program pulls the data from the vin for the listing information. Each digit of the vin supplies vehicle info including original factory engine and two wheel drive or four wheel drive, etc. You cannot change the preformatted screen when listing a vehicle. However, as in your case, modifications should be listed in the ad, on your contract or if there were emails back and forth they should have been stipulated.
If you actually did not know nor were made aware of these changes then you have recourse. Legitimate dealers everywhere are licensed and bonded. When problems of this type surface and the customer and dealer cannot work them out, the best course of action is to file a complaint with the Used Motor Vehicle Commission of that state. They have investigators whose job it is to look into and remedy legitimate complaints of this nature. In California, I would start with the local DMV to find out what specific department handles dealer transaction complaints. If a dealer actually tried to pull a "scam" the last people he wants to hear from are the people who can suspend his license.
In you case, it appears that your money has been spent and he is trying to avoid you. I would file a complaint with the state first, you may be able to avoid having to pay an attorney.
However, if it can be proven that you were aware of the modifications, signed an "as is, where is" statement and then got buyers remorse after someone brought it to your attention that the vehicle had "problems", don't waste everyone's time.

 

[RobertBorked]

Here is eBay posting

I did sign a contract at dealer which stated vehicle was AS-IS. I was comfortable doing so, if in fact, this was the original 4.7L with 59,000 miles on it; not some rust bucket with "who knows?" mileage.

Here is eBay listing (cut and paste):

This vehicle has only one register owner and it has been registered in California . It has been inspected and smogged ! Motor V8 - 4.7L has a lot of power for this truck . It works without any noise or problems at all ! No oil leaks or any problems with tranny . Tow package installed but never used .

Interior is very clean and smock free . Everything works as it should be ! Almost new tires . There is some small scratches from road , but it's from normal use and almost not visible. It is very nice and clean vehicle !

I looked up some California laws. Law states that if an engine is swapped, it must be an engine that was manufactured the same year as the vehicle model or newer. Again, this engine was manufactured in 1998. Also, any engine swap has to be approved by a State Mediator for smog purposes and have their seal affixed to the door of the vehicle. This certificate is no where to be found. Guess I'll work with DMV for resolution.

 

[Shelby6718]

way to go.............

DMV would be my first choice also. I did fail to mention one thing previously. You stated a car-fax was run. Did you run it or did the seller. Did you actually see it.The fact that it was not originally a 4x4 would have shown up in the car-fax description of the vehicle. Also, get a written statement from the Dodge dealer who found the problems, on their letterhead to take to DMV. Document, document, document!