Ebay vehicle bought with invalid title

[dlinne2150]

What is the name of your state?What is the name of your state? Virginia
I bought a vehicle on ebay that was advertised as having a branded salvage/rebuildable title. I received the title and had it shipped from Florida to Virginia only to find out that I could not register it. I checked with the DMVs in both states and was told that the person who sold it was not a dealer and was using a fraudulent dealer ID number and as such could not legally resell the vehicle without first registering it to himself. Ebay's auction insurance has denied my claim because I did receive a title even though it was illegally assigned. I am stuck with a vehicle that I cannot drive, sell, or even give away. I am at the end of my rope!

 

[jagz28]

very common on ebay. have you tryed to contact seller. tell him you are going to seek legal action if not resolved. and seeing how it is a state document that makes it even more of a crime.

 

[dlinne2150]

Thanks for reply. Yes I have tried that and been through the dispute resolution process both on ebay and Square Trade. The people who did the listing claim that they only listed it for this supposed dealer and are not responsible

 

[jagz28]

but they are the one who listed it so they are the one liable for whatever item is sold. example if i sell a rolex on ebay for joe. and it sells and turns out to be a fake. i am the on responsable due to it is me selling the item. i would have to take it up with joe on my own time. if they sold the car under there ebay name. they are responsable can i veiw the item do you have a item number,

 

[dlinne2150]

It was ebay item # 4557835864 and should still be listed.

 

[jagz28]

well for on ebay insurance should have to pay he clearly states (This vehicle is being sold with a Florida salvage rebuildable title that you will be able to register and retitle in your state with an inspection by your regional DMV.) for 2 contact the florida state attorney general and file a complaint to get things rolling. they will in term send him a letter. and most lawers will type a letter stateing the facts and if not resovled a suit will be filled. most will do this for a small fee. then maybe once he see's you are not joking he will think twice. that is way to much not to be ably to enjoy it. and most important take lesson from this. ebay is nothing but a place were people can post scams.

 

[dlinne2150]

I guess I will be forced to start legal proceedings

 

[BelizeBreeze]

Ebay has nothing whatsoever to do with this.

Write the party in Florida a Certified (RRR) letter demanding the return of your purchase price PLUS the cost of shipping within 10 business days of receipt of the letter or you will not only file civil fraud charges against him/her but also sue them individually in civil court.

Civil fraud is when one party intentionally deprives another party from the rightful use or possession of property. Examples of civil fraud include the issuance of a bad check or refusing to return property or money known to belong to another party. Misrepresentation claims involve the intentional act of making a statement of fact that is not true so as to induce another party to act.

Claims for misrepresentation normally occur during the negotiation phase for the sale of goods (autos, boats, diamonds, real estate) or the provision for services (brokers, contractors, mechanics).

The false statement of fact usually involves a misstatement about the quality of the good (condition or specifications for an auto, boat, diamond, or real estate); title or ownership of the good (not owned by the seller of the good); the qualifications of the service provider (licensed or qualified to be a broker, contractor, or mechanic); or the necessity for the service to be rendered (the repairs are not needed).

In this case the person who sold the auto has two facts not in their favor:

1. They did not own the vehicle, and;
2. They knew (or had opportunity to know) that the vehicle was not marketable.

You will most likely have to sue him in Florida.

 

[dlinne2150]

Thanks for the advise and I will do just that. Am having a little problem understanding why ebays insurance feels justified in denying my claim. They say they do not have to pay because I did receive a title even though it is (they admit) not legally assigned????

 

[dlinne2150]

I think a resolution has been found. After recieving the demand letter, the seller contacted me and agreed to a full refund of both the purchase price and shipping. I am one happy camper.