trisporter
Junior Member
Florida
I bid on and won an auction for a 1994 Ranger truck that was described as: : "this Ranger runs and drives like a dream..." "hubs and bearings recently packed" "I would trust it to go to Seattle" "Mid 2006...transmission rebuilt from front to back" These are the sellers words used in the listing.
After the auction I met with the seller and exchanged cash for the truck and presented him with a bill of sale which we both signed. In that bill of sale it had a clause whereby the Seller allowed for 7 days for the Buyer to have the vehicle inspected by a mechanic and agreed to cancel the sale if the Buyer found the inspection unsatisfactory.
I did so the very next day and the mechanic found the following: Front Crank Seal On Engine Leaking Oil Right Rear Bearing and Seal worn and leaking Front body mounts worn out and bolt completely gone Both Front hubs loose/worn out Rear Brakes need to be re-worked Rear Axel/Bearings possible issues.
All of the above are problems with the drive train and/or engine and are opposed to the description the seller gave in his EBay listing. I repeatedly tried to contact him and he refused my calls. He now refuses to cancel the sale and return my money. He feels that the Ebay listing takes precedence since it said As is, no warranty. My position is that once we signed an actual Bill of Sale with specific Terms and Conditions it became the superior instrument in our transaction.
My question: Which person is most likely correct if I should choose to pursue this and court and would this be a Civil matter?
Thanks
Stephen Fullerton
I bid on and won an auction for a 1994 Ranger truck that was described as: : "this Ranger runs and drives like a dream..." "hubs and bearings recently packed" "I would trust it to go to Seattle" "Mid 2006...transmission rebuilt from front to back" These are the sellers words used in the listing.
After the auction I met with the seller and exchanged cash for the truck and presented him with a bill of sale which we both signed. In that bill of sale it had a clause whereby the Seller allowed for 7 days for the Buyer to have the vehicle inspected by a mechanic and agreed to cancel the sale if the Buyer found the inspection unsatisfactory.
I did so the very next day and the mechanic found the following: Front Crank Seal On Engine Leaking Oil Right Rear Bearing and Seal worn and leaking Front body mounts worn out and bolt completely gone Both Front hubs loose/worn out Rear Brakes need to be re-worked Rear Axel/Bearings possible issues.
All of the above are problems with the drive train and/or engine and are opposed to the description the seller gave in his EBay listing. I repeatedly tried to contact him and he refused my calls. He now refuses to cancel the sale and return my money. He feels that the Ebay listing takes precedence since it said As is, no warranty. My position is that once we signed an actual Bill of Sale with specific Terms and Conditions it became the superior instrument in our transaction.
My question: Which person is most likely correct if I should choose to pursue this and court and would this be a Civil matter?
Thanks
Stephen Fullerton
