What is the name of your state? OH
I listed a vehicle using eBay's "buy it now" or "best offer" feature. It is more like a classified than an auction format. I provided a brief description of the vehicle and about 60 photos. The auction tells viewers that they must inspect the vehicle before bidding/making an offer. Here is a link to the auction:
http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&ih=001&sspagename=STRK:MEUS:IT&viewitem=&item=110199197931&rd=1
A customer called and asked a few brief questions about the car. We discussed that the car is a "driver" and something he could put a little bit of work into and enjoy. We talked about a recent sale of a very similar car that sold for $139,000 which was fully restored. For some reason the buyer did not ask a lot about the vehicle's condition. I assumed it was because the buyer's son was a car collector/trader and had recommended the car to his father as a good deal as he stated. The customer asked if I had any offers. I had a previous offer for $45,000.00. The customer said he would think about the car.
The next day the man called and asked what I could sell the car for. I told him I had to call the guy who gave the original offer and see what he would be willing to pay at the most. The other customer was willing to pay $47,500.00 I called back the buyer to tell him the offer and he stated that he would be willing to pay $47,600.00 to buy the car out from under the first offer. We agreed on the price and the customer said that he did not have an eBay account and asked if we could make the deal on the phone. I said that was fine. He put a $500 deposit on the phone and I canceled the auction. The customer told me he would need a few days to secure the money and would send a check. He stated he lived in Texas. Meanwhile, he signed the Bill of Sale, odometer disclosure, and buyer's guide (stating the vehicle was 'as-is' no warranty and the vehicle should be inspected by a professional mechanic with a list of common problems of used cars. Typical form). This was November 30th, 2007. He need a few days to secure the balance and paid for the car in full and we then discussed shipping. He got a quote for shipping and so did I. Mine was a bit cheaper so he went with that company.
The car left my dealership on December 18th and arrived to him a few days later. I sent an email stating the car had been shipped along with his new title which was FedExed. The car arrived to him on the 21st. After six days, Thursday sometime, I get an email stating that I had misrepresented the vehicles condition and the customer wants him money back in full. I did not respond as I was thinking what to do. Monday morning he contacted an attorney. I received a fax from the attorney stating that I have to refund the customer's money in full plus shipping to and from texas and attorney's fees. They will be filing a suit in Texas in 60 days if I do not refund the money.
Please help with any advice.
I listed a vehicle using eBay's "buy it now" or "best offer" feature. It is more like a classified than an auction format. I provided a brief description of the vehicle and about 60 photos. The auction tells viewers that they must inspect the vehicle before bidding/making an offer. Here is a link to the auction:
http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&ih=001&sspagename=STRK:MEUS:IT&viewitem=&item=110199197931&rd=1
A customer called and asked a few brief questions about the car. We discussed that the car is a "driver" and something he could put a little bit of work into and enjoy. We talked about a recent sale of a very similar car that sold for $139,000 which was fully restored. For some reason the buyer did not ask a lot about the vehicle's condition. I assumed it was because the buyer's son was a car collector/trader and had recommended the car to his father as a good deal as he stated. The customer asked if I had any offers. I had a previous offer for $45,000.00. The customer said he would think about the car.
The next day the man called and asked what I could sell the car for. I told him I had to call the guy who gave the original offer and see what he would be willing to pay at the most. The other customer was willing to pay $47,500.00 I called back the buyer to tell him the offer and he stated that he would be willing to pay $47,600.00 to buy the car out from under the first offer. We agreed on the price and the customer said that he did not have an eBay account and asked if we could make the deal on the phone. I said that was fine. He put a $500 deposit on the phone and I canceled the auction. The customer told me he would need a few days to secure the money and would send a check. He stated he lived in Texas. Meanwhile, he signed the Bill of Sale, odometer disclosure, and buyer's guide (stating the vehicle was 'as-is' no warranty and the vehicle should be inspected by a professional mechanic with a list of common problems of used cars. Typical form). This was November 30th, 2007. He need a few days to secure the balance and paid for the car in full and we then discussed shipping. He got a quote for shipping and so did I. Mine was a bit cheaper so he went with that company.
The car left my dealership on December 18th and arrived to him a few days later. I sent an email stating the car had been shipped along with his new title which was FedExed. The car arrived to him on the 21st. After six days, Thursday sometime, I get an email stating that I had misrepresented the vehicles condition and the customer wants him money back in full. I did not respond as I was thinking what to do. Monday morning he contacted an attorney. I received a fax from the attorney stating that I have to refund the customer's money in full plus shipping to and from texas and attorney's fees. They will be filing a suit in Texas in 60 days if I do not refund the money.
Please help with any advice.