Libel on Ebay site question

[srseale]

What is the name of your state? Texas

I bought a car through Ebay. After the purchase I had a significant disagreement with the seller because of some problems with the car which were undisclosed. After trying to get them to rectify the situation and going through mediation, the seller refused to repair the problems on the car which he had not disclosed in the sale.

At that point, I posted negative feedback on the Ebay site stating that the seller (which is a business, a car dealership called Pro Auto Group - not an individual) had sold me a car which was not accurately described. The seller, Pro Auto Group, responded by filing negative feedback against me, on Ebay, calling me a terrorist.

So my question is, do I have a libel cause against them? This happened one month ago. It has seriously damaged my reputation on Ebay, in that I can no longer buy or sell goods there because with their comment against me no one will do business with me. Anyone can request my contact information thereby receiving the information of my name and knowledge of my personal identity, which has now been labeled as a terrorist.

Surely in this post-9/11 world that is as defamatory a claim as there can be!!

Thank you,
Shelley

 

[CALIF-PRO36]

What is the name of your state? Texas

I bought a car through Ebay. After the purchase I had a significant disagreement with the seller because of some problems with the car which were undisclosed. After trying to get them to rectify the situation and going through mediation, the seller refused to repair the problems on the car which he had not disclosed in the sale.

At that point, I posted negative feedback on the Ebay site stating that the seller (which is a business, a car dealership called Pro Auto Group - not an individual) had sold me a car which was not accurately described. The seller, Pro Auto Group, responded by filing negative feedback against me, on Ebay, calling me a terrorist.

So my question is, do I have a libel cause against them? This happened one month ago. It has seriously damaged my reputation on Ebay, in that I can no longer buy or sell goods there because with their comment against me no one will do business with me. Anyone can request my contact information thereby receiving the information of my name and knowledge of my personal identity, which has now been labeled as a terrorist.

Surely in this post-9/11 world that is as defamatory a claim as there can be!!

Thank you,
Shelley

My response:

Most people on these forums, myself included, do not care about ALL the people who come here who have Ebay problems. It's just too damn bad. Take it up with them.

Caveat Emptor - - look it up.

IAAL

 

[Amadeus]

Calif, that was an entirely unhelpful response, and "caveat emptor" does not seem to have much to do with the questioner's current problem. If srseale bought a dogdy car from a dealership, complained, and was beaten savagely in retaliation would you still believe that ignorance of "caveat emptor" was the root of the problem?

 

[CALIF-LAWPRO45]

Calif, that was an entirely unhelpful response, and "caveat emptor" does not seem to have much to do with the questioner's current problem. If srseale bought a dogdy car from a dealership, complained, and was beaten savagely in retaliation would you still believe that ignorance of "caveat emptor" was the root of the problem?

My response:

Please, do yourself a favor and stop trying to sound "legal". Since you don't know or understand law, which is obvious from your above post, just stop trying.

IAAL

 

[averad]

Who's has money on, the car was sold "as-is"?

 

[AHA]

Who's has money on, the car was sold "as-is"?

Isn't all eBay junk sold "as-is"???

 

[clakey]

My response:

Most people on these forums, myself included, do not care about ALL the people who come here who have Ebay problems. It's just too damn bad. Take it up with them.

Caveat Emptor - - look it up.

IAAL

My response:

Please, do yourself a favor and stop trying to sound "legal". Since you don't know or understand law, which is obvious from your above post, just stop trying.

IAAL

You don't have to be a legal expert to know that you missed the point entirely and that your comments are arrogant and pretentious. This individual was not asking for advice regarding the inherent risks of doing business on Ebay. She was asking whether she had a reasonable cause to pursue a case against a commercial enterprise that posted a vicious, personal attack. You might try reading what the individual wrote before chiming in with your petty opinions. "People on these forum" don't have time for your drivel.

Puerilis - - look it up.

 

[Menthol]

I think you do have a libel case, but you need to make sure you have your evidence. Im not sure about the best way to extract verifiable information from the web, maybee someone else can help you with that. Obviously as soon as you start a lawsuit against someone for online libel they will remove that comment. But if they posted information about you that is untrue for nothing other then malicious reasons, that is almost the exact definition of libel as it has been interpreted by the courts.

 

[weenor]

I would hardly call " not being able to buy and sell on Ebay" damages and we have no idea what context the terrorist comment was made.....there aren't enough facts here to recommend anything except that the idiot needs to quit using Ebay.

 

[Menthol]

I believe that in libel cases damages dont have to actually be proven just proof that defamation occured. In this case I would think that it definatly has, although I would have to see the comment made to be sure. In cases of slander actual damages have to be proven.

 

[ceara19]

You don't have to be a legal expert to know that you missed the point entirely and that your comments are arrogant and pretentious. This individual was not asking for advice regarding the inherent risks of doing business on Ebay. She was asking whether she had a reasonable cause to pursue a case against a commercial enterprise that posted a vicious, personal attack. You might try reading what the individual wrote before chiming in with your petty opinions. "People on these forum" don't have time for your drivel.

Puerilis - - look it up.

Unless Homeland Security raided the OP's house, breaking down the door and holding the entire family at gun point while the home was searched based on being called a terrorist on ebay, this incident is no where near enough to be classified as a "vicious, personal attack"!!!!!

About the only recourse the OP has would be to call the dealer and sing, "Sticks and stones may break my bones, but words will never hurt me"!

 

[Menthol]

Again damages do not have to be proven, but we would have to see the letter, maybee post a snipit or a better summary. I read a case of a person getting sued for posting that a local city council member pissed in a swimming pool. All that needs to be shown is that they intentionally lied with malicious intent.

 

[ceara19]

Again damages do not have to be proven, but we would have to see the letter, maybee post a snipit or a better summary. I read a case of a person getting sued for posting that a local city council member pissed in a swimming pool. All that needs to be shown is that they intentionally lied with malicious intent.

What letter are you talking about? The comment was made on the OP's ebay feedback page. There's not enough space for a person to post any more then a "snippet" to begin with! Plus, ebay does not post a user's personal identifying information. There is no reason that the OP would have suffered in her community due to a comment on ebay unless SHE chose to identify herself as that user. That would be like me calling you a terrorist HERE! Sure, you could file a lawsuit, but you won't get anything in return but a very large bill from your lawyer.