What a mess over at eBay

[Blitzburgh]

What is the name of your state?MO

What I am about to write is the truth. I swear I could not invent something so absurd as this.

I was watching 2 motorcycles on eBay today both closing within hours of each other. Finally, I decided after heavy discussions with my wife to pursue the bike in Texas. Closer to my home state and (even though a bit more pricey) closer to what I was looking for.

The item had a starting bid of 12,900 with no bids. Plenty of people had looked at it, but passed. I called the seller and he assured me that the bike was solid with only the starter relay switch having been replaced. Beyond that, there was nothing wrong with it.

Long story short, we bid on it for 12900 and END UP WINNING IT!!!

We were ECSTATIC!! We were relieved that we had won the bike. Other friends had been following the auction and called to congratulate us on our good fortune.

So what happens? We call the seller for payment and pickup instructions only to have him tell us he is going to refuse to sell us the bike. That he needs 14900 to let it go!!!!!!!! ( I am not joking here )

He claims he talked with eBay to set a reserve price (there was none) the previous Sat. and they had not done so, but it wasn't his fault.

So here we are. Passed on the first bike and screwed out of the 2nd. I am prepared to fight this in court for no other reason than to hold sellers like this accountable and to lend credibility to the eBay system.

I have all pertinent paperwork and am prepared to go to Dallas to sue for this bike. My question is, since it is clearly stated on eBay (numerous times to both the buyer and seller) that this is a legally binding agreement, should I refer this to the Tarrent CO. DA or hire an attorney to file charges? I realize the amount goes beyond civil court so I would like to know the process.

Thanks for any and all of your help. Mike

Last thing, what do we need to do to stop him from selling the bike in the meantime?

Thanks again

 

[Blitzburgh]

WOW, with all the responses to dig through

I am not sure I will be able to answer them all before this evening.

As of now, I have filed a report with our Sheriff's office and they have contacted the seller. The DA here in MO. will kick it around before deciding whether to refer charges or not onto Tarrant CO.

I have asked for a seizure of the vehicle to be performed until a court can rule on this, but they have not gotten back to me in a timely fashion.

Right now we are stuck wondering what our next move is. We are looking for an attorney that specializes in something like this for Dallas, so any referrals would be helpful.

Last thing. Has anyone ever tried to put together a class action lawsuit against eBay? I am just curious as eBay seems to allow a HUGE amount of this stuff go on with a very "Aww...ain't that a pity" attitude.

The sheriff that took my statement said it was the 3rd incident she has had to deal with herself just this month, and we are a small county!!!

 

[divgradcurl]

My question is, since it is clearly stated on eBay (numerous times to both the buyer and seller) that this is a legally binding agreement, should I refer this to the Tarrent CO. DA or hire an attorney to file charges?

There are no "charges" to file -- this is a civil matter, not a criminal matter, so the DA will not be interested. If you want to sue for breach of contract, you will need to hire a lawyer to sue the seller in Dallas.

realize the amount goes beyond civil court so I would like to know the process.

The amount is above the small claims limit -- civil court is "unlimited" jurisdiction. You will need to hire a lawyer, and file a case in Dallas Superior Court.

Last thing, what do we need to do to stop him from selling the bike in the meantime?

You can file for a restraining order as part of the lawsuit. Again, you'll need to hire an attorney in Dallas, or at least an attorney admitted in Texas.

 

[BelizeBreeze]

Two roundtrip Tickets from Kansas City to Dallas on Southwest $270

One civil lawsuit filing fees and attorney fees, hotels and misc expenses $5,000

A motorcycle not worth riding...........$12,900

E-bay problems.....................................PRICELESS!!!

 

[Blitzburgh]

Yeah, you're right

Two roundtrip Tickets from Kansas City to Dallas on Southwest $270

One civil lawsuit filing fees and attorney fees, hotels and misc expenses $5,000

A motorcycle not worth riding...........$12,900

E-bay problems.....................................PRICELESS!!!

It is probably best to give into his extortion and pay the extra 2 grand and be done with it. Save me the time, headache and additional expenses. Sounds like a pretty good scheme to me too.

But, what the heck. I am feeling goosey here lately so I am going to go ahead and sue his ^%&*()(*&^%%&*() all the way back to the stoneage!

So anyone in particular that I should contact in Dallas? BTW, I think we have found out that he listed the vehicle with a clear title, but now find out that there is a lien against the note.

It just gets betterer and betterer...

You wanna know the real shame of this whole thing. People like him and many on this board think just the same. If it is not a grand slam home run each time up to the plate, just walk away and let it be done. Not "Do the right thing and make it right"

Amazing that eBay has lasted this long.

FWIW, the sheriff that took my statement yesterday noted that it has been the 3rd time just this month that she has had to deal with an eBay defraud, and we are a small, small, small county.

Pity

 

[dallas702]

First, what you pay for a motorcycle is your business and no one should criticize that (belize).

Second, why would you pay the extra money (unless you REALLY want that bike, and think it's still a good deal). I would make sure this person never sold another item on Ebay again, and I'm sure Ebay will agree.

Yes, having to sue this idiot for specific performance would be a pain in the neck. But...you could always call up Prepaid legal (maybe prepaidlegal.com), join for a relatively few bucks, have an attorney in Texas review your documents and file your case for you..and represent you in court. That way it's not $thousands for getting this creep to let go of the bike at the contracted/agreed price. The lien may be another matter, but if money is owed on the bike he would obviously need to pay it off first.

Unless this is a spectacular deal I'd gat the guy knocked off Ebay and look for another bike you like.

 

[BelizeBreeze]

First, what you pay for a motorcycle is your business and no one should criticize that (belize).

First, GROW UP. We get at least 20 e-bay questions a day if posters weren't so lazy and did a search for the word 'e-bay' the wouldn't have to embarrasse themselves here by asking questions that have been answer countless times before.

Second, why would you pay the extra money (unless you REALLY want that bike, and think it's still a good deal). I would make sure this person never sold another item on Ebay again, and I'm sure Ebay will agree.

And of course, you have legal precidence for this "OPINION"

Yes, having to sue this idiot for specific performance would be a pain in the neck. But...you could always call up Prepaid legal (maybe prepaidlegal.com), join for a relatively few bucks, have an attorney in Texas review your documents and file your case for you..and represent you in court. That way it's not $thousands for getting this creep to let go of the bike at the contracted/agreed price. The lien may be another matter, but if money is owed on the bike he would obviously need to pay it off first.

Are you advertising without paying FA for the priviledge?

Unless this is a spectacular deal I'd gat the guy knocked off Ebay and look for another bike you like.

so, you are not suggesting murder. Wonderful LEGAL advice.

 

[dallas702]

Belize;

You obviously spend considerable time on this board. The "answers" I've seen from you have all been rude, condescending, and mostly unhelpful. So, what's your point?

If it's such a pain for you to be civil, then why bother?

Of course some of the questions are seen over and over. That's because the same situation(s) are plagueing(sp) so many people. Researching the archives of this site doesn't guarantee any kind of answer.

THAT is why these people are asking questions on a board called "Freeadvice.com".....because they want a little advice, NOT ridicule and criticism for asking.

You are the only one embarrassing himself here is you. You offered this person nothing to help him. As far as my "advice" goes, I certainly did NOT tell him to "murder" anyone. Ebay throws members off for this kind of policy violation all the time. Your interpretation of my statement does answer the question of why your replies are so caustic though.

"Advertising"? Hardly. I'm not even a PPL member, much less a salesman. I was just offering him an alternative...which is far better than you did.

Just what did you base your statement "....a motorcycle not worth riding..." on? You have some "legal" application for that bit of insult?

Geez, I guess maybe no one has ever questioned your rudeness, or maybe you just don't care. It doesn't really matter to me, but I'll bet you've driven dozens...if not hundreds...of people away from this site. I guess that does make it easier for you to glean the questions and not have to think about giving real advice.

Or, maybe you just need a break?

 

[BelizeBreeze]

I see you're full of valid legal advice......

Or full of something. Get over yourself.

 

[dallas702]

get over MYself?

That's rich coming from you.

No problem, do your thing and I'll do mine.

Yeah, I do have some advice for some situations. Most of it comes from a lot of time in courtrooms, both observing and participating...sometimes as a plaintiff, sometimes as a respondent. It sure ain't TV!

I actually think you probably have good avice (legal advice) to give, but am puzzled by your extremely negative attitude toward those who are searching for answers.

After all, we're all searching for answers for something.