Sold item and only partial payment received

[Matt Hawkins]

What is the name of your state? Michigan

I sold a bus on ebay to a gentleman in Florida. He made partial payment on the bus. $2800 out of $3870. His payment was over a week late from the auction terms and he didn't give the $500 deposit as stated in the auction terms.

http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&rd=1&item=280166142429

Since paying the $2800, I haven't heard from him in over a month. I have tried calling, text messaging, reminders through both ebay and paypal as well as filing a dispute with ebay. He didn't respond to the dispute.

The question is where do I go from here? He hasn't asked for the $2800 back or stated his intentions for pickup and final payment. The title never changed hands.

 

[SnowCajun]

Hi Matt,

I'm not an attorney, but I've been dealing online with eBay since Jan of 1997. I'm not sure what infinite knowledge that gives me, probably very little, but I guess I've picked up a few things over the years.

Since no one has answered today I figured I'd share my opinion of your situation. First off this guys week late payment doesn't really help you in any way that I can see. He's made a partial payment and you've smartly not given him the title, which I'm sure you would never do until full payment has been made.

In all honesty this is what I'd do if I were in your shoes, first off I'd send this joker a certified, and probably notorized also, letter stating that he has 30 days to make final payment and take full possession of "his" bus he won on your eBay auction, othewise the partial payment he's made to date will be refunded minus the following list of charges he's caused you to incur. You can fairly list these I would imagine; the $500.00 deposit noted in the auction, all eBay listing and auction fees, and what you feel to be a reasonable weekly or monthly storage fee, check with one of your local storage lots for that amount so you'll be accurate. The first month should be on you, but each month afterwards until this ends should be his responsibility. Explain to him that these charges will continue to be applied until such time he either responds to your inquiries and takes possession, or until his initial front money runs out, or you both mutually agree to a refund minus the above mentioned deductions.

Explain nicely to him that because of his actions, or failure thereof, that you've been forced to keep his bus in storage long after you expected it to have been gone from your property. After that there's really not much you can do other than relist it and sell it again. It looks like you had several bidders so maybe someone else wants it.

If this idea doesn't tickle your fancy I guess the next step would be small claims court, depending on the limit cap in your state. It appears you have a $3000.00 cap in Michigan, you've already gotten part of the money, so small claims should cover this issue fairly well. Otherwise resell the bus and debit his front money and refund what's left after the costs he's caused you, just be sure to document them accurately!

Just my 2 cents, sometimes eBay deals can be a pain. I have to wonder why he only sent partial payment like that, that's odd. Good luck and let us know what happens.

SnowCajun