Ebay wrong info in listing.

[VinnyT]

What is the name of your state?

 

[moburkes]

What's your legal question, VT?

 

[VinnyT]

Sorry. Computer malfunction.

I bought a car on Ebay that listed incorrect info. The engine was listed as a 327, when it really has a 307. I bought the car for the engine. I told him I want a refund, he says No. He actually had someone list the vehicle for him. Now shouldn't the lister have to verify the info before submitting it? I mean that is his job, listing for Ebay. Help!

 

[msiron]

It was YOUR job Vinny to inspect the vehicle BEFORE purchasing it.

 

[VinnyT]

So your saying that anyone can put whatever they want as a description and it's okay? Wrong. So if I lived in North Dakota and had it shipped to me, it is still my fault? What about the responsibility of the seller and the lister?

 

[moburkes]

So your saying that anyone can put whatever they want as a description and it's okay? Wrong. So if I lived in North Dakota and had it shipped to me, it is still my fault? What about the responsibility of the seller and the lister?

Go back to ebay, and look up seller responsibility.

 

[janedoe23]

What method did you use to pay for this purchase?

 

[VinnyT]

Paid with cash.

 

[tigger22472]

Paid with cash.

Did you receive a receipt?

You do no know that ebay is no longer involved in this since you paid cash since that is against their policy correct?

 

[janedoe23]

Paid with cash.

Just how did the transfer of cash take place, did you hand it to him or did you mail it? Did you get your receipt? How much money are we talking about?

You have the option to sue him in small claims if it's worth it. Make sure you print out a copy of the auction so you have proof that you didn't get what you payed for. You can also file with some internet complaint websites including the attorney general for his state. Sometimes that helps to get the situation resolved without going to the extreme of taking him to court. You can also send him a certified, restricted letter stating your intentions if you don't recieve the item you bought or a 100% refund.

 

[VinnyT]

It was $3750. I handedd the cash to him. He lives 30 miles from me. I did not get a receipt, but I have the Ebay auction sheet and feedback from the seller showing payment. Virginia does have a Comsumer Protection Law regarding misrepresentation of goods. There are several articles he has broken according to the Consumer Protection Law. No where on the listing did the words "AS-IS" appear. The main draw to the auction for me was the so-called 350hp, 327 engine. This engine was actually a 307, not even close the the advertised engine. He also listed "double-hump" heads (a desirable cylinder head in the 60's) Regardless if he knew it or not, he is liable for verifying the info before listing it. You cannot list a 10 karat diamond necklace when it only has 8. The car would only fetch at MOST $1800-$2000, because of the engine. Any car restorer or mechanic will tell you the difference between the two. Now before anyone tells me: "You should have checked the car out before buying it" I couldn't. The car was listed from a third-party that does Ebay listings for a job. He would not devulge that info. Bottom line, he is personally accountable for the accuracy of the car BEFORE listing it on Ebay. I am entitled to a refund, especially after only 24 hours after purchase.

 

[Zigner]

It was $3750. I handedd the cash to him. He lives 30 miles from me. I did not get a receipt, but I have the Ebay auction sheet and feedback from the seller showing payment. Virginia does have a Comsumer Protection Law regarding misrepresentation of goods. There are several articles he has broken according to the Consumer Protection Law. No where on the listing did the words "AS-IS" appear. The main draw to the auction for me was the so-called 350hp, 327 engine. This engine was actually a 307, not even close the the advertised engine. He also listed "double-hump" heads (a desirable cylinder head in the 60's) Regardless if he knew it or not, he is liable for verifying the info before listing it. You cannot list a 10 karat diamond necklace when it only has 8. The car would only fetch at MOST $1800-$2000, because of the engine. Any car restorer or mechanic will tell you the difference between the two. Now before anyone tells me: "You should have checked the car out before buying it" I couldn't. The car was listed from a third-party that does Ebay listings for a job. He would not devulge that info. Bottom line, he is personally accountable for the accuracy of the car BEFORE listing it on Ebay. I am entitled to a refund, especially after only 24 hours after purchase.

You maybe be out of luck against the person (3rd party) who sold you the vehicle. The vehicle was represented to him as being such-and-such, which he then listed as "such-and-such". This would be considered a "bonafide error". Particulary if he has signed paperwork from the prior owner listing all these things and verifying they are true.

Also, why did you hand over the cash BEFORE inspecting the vehicle? You mean, it was behind a closed garage door, you handed over the money, and then the door was opened for you?
c'mon...

 

[VinnyT]

Zigner, There was NO paperwork from the other guy stating was engine was in the car. I did not know about codes until AFTER I got it home. If you know anything about motors, a 283, 305, 307, 327 and 350 all look the same. Here is the actual description from that listing:

1980 Chevy Camaro with freshly rebuilt 327 motor and transmission. This car was recently painted and is in good condition with no body damage or rust. The car runs and drives great and has a brand new flowmaster exhaust system and BFG tires in near new condition. The motor and transmission have less than 10k miles since being rebuilt and the motor puts out an estimated 350hp. The 327 has double hump heads, an aluminum edelbrock intake, air cleaner, and 4 bbl carb. The a/c compressor has been removed but will be included with the car. It has a BM Z gate shifter and the starter and alternator were replaced when the engine was out. The odometer reads 38,808 (I believe 138k actual miles) and it has a clean Virginia title. The car is for sale locally so I reserve the right to end the auction early. I prefer the winning bidder makes arrangements to pick up the car, however delivery is available within a 100 mile radius of south central VA. for an additional fee. Check my feedback and bid with confidence. Contact me with any questions and I will try to get back to you as quickly and accurately as possible.

The car did have the intake and carb, so no flags were raised to me.

Bottom line: The seller has the responsiblity to list ACCURATE information, especially something as important as the engine. If this car was listed with a 307, I wouldn't of given it a second glance. If he would of said a 'fresly built V8', different story. He specifically stated 327 twice.
Anyway, Virginia has a Consumer Protection Law that he has violated. Even if he didn't know what he had, he should still accept the refund. The car's value is now halved because of this.

 

[Zigner]

Zigner, There was NO paperwork from the other guy stating was engine was in the car. I did not know about codes until AFTER I got it home. If you know anything about motors, a 283, 305, 307, 327 and 350 all look the same. Here is the actual description from that listing:

1980 Chevy Camaro with freshly rebuilt 327 motor and transmission. This car was recently painted and is in good condition with no body damage or rust. The car runs and drives great and has a brand new flowmaster exhaust system and BFG tires in near new condition. The motor and transmission have less than 10k miles since being rebuilt and the motor puts out an estimated 350hp. The 327 has double hump heads, an aluminum edelbrock intake, air cleaner, and 4 bbl carb. The a/c compressor has been removed but will be included with the car. It has a BM Z gate shifter and the starter and alternator were replaced when the engine was out. The odometer reads 38,808 (I believe 138k actual miles) and it has a clean Virginia title. The car is for sale locally so I reserve the right to end the auction early. I prefer the winning bidder makes arrangements to pick up the car, however delivery is available within a 100 mile radius of south central VA. for an additional fee. Check my feedback and bid with confidence. Contact me with any questions and I will try to get back to you as quickly and accurately as possible.

The car did have the intake and carb, so no flags were raised to me.

Bottom line: The seller has the responsiblity to list ACCURATE information, especially something as important as the engine. If this car was listed with a 307, I wouldn't of given it a second glance. If he would of said a 'fresly built V8', different story. He specifically stated 327 twice.
Anyway, Virginia has a Consumer Protection Law that he has violated. Even if he didn't know what he had, he should still accept the refund. The car's value is now halved because of this.

If you were so interested in the motor, and knew so much about it, then you could have easily checked the VIN against the VIN for the motor you wanted.

Why did you leave positive feedback???


EDIT: From what I can find, the Camaro wasn't offered with a 327 in 1980 - why didn't this also raise a red flag?

 

[Zigner]

I just want to post one more time in this thread -

Vinny, you have obviously made up your mind about this situation.
You can go to Small Claims court to try to recover a portion of your money. Maybe the difference between your researched value of the two vehicles(?)
Or, you can take it to a higher court and try to recover the full amount.

Either way, good luck...