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need help with a buyer who is claiming i sold him junk

Discussion in 'The Hokey Ass Message Board' started by punkabilly1306, Mar 2, 2009.

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  1. punkabilly1306
    Joined: Aug 22, 2005
    Posts: 2,655

    punkabilly1306
    Member
    from ohio

    I just recently sold my '62 monterey to a guy in california. He wanted an old car that would be good for going back and forth to work and gettin' groceries, well he saw my add on ebay and decided he liked my car. We struck up a deal and he bought the car. Now when i had the car here it ran fine drove fine and shifted great. I told him that the car runs good and i installed underdash gauges so he can monitor everything. I also noticed that old water pump was leaking a little bit so i took the liberty of installing a new one for him before the car left. Also before the car left i rechecked everything and the car was charging fine and cooling fine. Tow truck driver arrives i drive the car up onto the trailer, the driver locks it down, i show the driver how to start the car so he can pas it onto the new owners blah blah blah. I also informed the new owner that they need to buy a new top post battery because the one in the car doesn't like to hold a charge for more then two days because its so old, especially in cold ohio temps.
    Well skip ahead three days and the car arrives in CA. They go to get it off of the trailer and of course it wont start because of the battery, which they did not buy a new one like i told them too. So they then proceed to "try and get it running" for an hour (what they did i have no freakin' clue). Finally get it going and they say it wont shift into gear, it is overheating and idling high!!! Ok, so i ask what did you do, and at this point they proceed to file a claim with paypal stating that i sold them junk and they want a full refund. Now it is beyond my control what they did to the car to get it running because when it left here it started fine and drove fine, which i have pics and a video to prove it. I am trying to be as nice as possible with these people but i dont like being accused of something i didnt do and have no control over what they did.
    So i guess my question is, what should i do and how should i go about this??
    thanks everyone
    bob
     
  2. Shifty Shifterton
    Joined: Oct 1, 2006
    Posts: 4,964

    Shifty Shifterton
    Member

    The second it didn't start the glamor wore off and they realized what owning an old car can be.

    Do what you gotta do to get them to install a new battery before taking another step.

    In the future, it's extremely foolish to ship a car you know won't start on the other end. In this case that $50 battery might've prevented some/all of the hassle you're dealing with today. It probably runs extra shitty now that the battery is even more shorted out internally and sucking all the car's juice. Who knows what was done to carb screws & ignition settings trying to make it start. Warnings only go so far, plus you jeopardize the car's condition when it's loaded as a driver then has to be unloaded as a carcass. (possibly the cause of the trans issue) That's not fair to your buyer.
    good luck
     
    Last edited: Mar 2, 2009
  3. What an A-hole, The guy wanted an old car up until the point where he needed to drive the old car. Ya'know, back in the old days, alot of women didn't drive, because you needed to know how to drive to actually drive. today many men cant open a hood to check the oil or washer fluid let alone drive a stick. (which in todays cars is like an auto). I suspect this guy would fall into this catagory. he probley didn't buy a battery because he couldn't install the battery.And who knows what he's done to it since. If the car was still near a refund could be one thing (prorated of course) But only at this guys expense. Sounds like you did the right thing with the pics and video.
    Hope this guy dosent skrew you at all. Good luck.
     
  4. V4F
    Joined: Aug 8, 2008
    Posts: 4,382

    V4F
    Member
    from middle ca.

    i would talk with ebay/paypal right away .............. steve
     

  5. guitarmook
    Joined: Mar 8, 2007
    Posts: 256

    guitarmook
    Member
    from Austin, TX

    Offer a full refund, after they pay to ship the car back to you and you verify they didn't break or exchange any parts.

    I had a buyer try this move on me with an old guitar amp. I refused to send him any money to 'fix' the problem, just told him to send it back. When he didn't send it back and filed a paypal claim, I forwarded my emails to paypal showing that I offered a refund. Paypal (eventually) released his money to me, as he would never send it back.
     
  6. punkabilly1306
    Joined: Aug 22, 2005
    Posts: 2,655

    punkabilly1306
    Member
    from ohio

    i even offered to buy the guy a battery here at a lower cost if he paypal'd me the money but he said no 'we'll buy one here"
     
  7. the shadow
    Joined: Mar 5, 2005
    Posts: 1,105

    the shadow
    Member

    it's "buyer beware" on ebay stand your ground they could be lieing about the problems?

    I sold my 1941 willy's coupe on ebay to a guy in washington. it was a turn key pro street car. it ran,drove and had a show paint job on it. he never came and looked at it just sent the money and arranged pick up via a cross country carrier. he paid me $25K with no problem but skimped on the trailing. he opted to go with an open trailer car carier for $1400 rather then paying $2500 for an enclosed trailer. anyway the guy shows up at my house with an empty 4 car open trailer. he tells me the willys is his last stop and has me drive it all yhe way to the front of the trailer which is up over the top of the cab hieght of the dullie pick up (near the fifth wheel set up). I lock the passenger door, show the guy how to start it and work the ratched shifter and most importantly how to shut the drivers door which was a suicide (rev) door. I explained it has to be shut and the outer door handle must be returned to it's level locking position ,if the handle was not in that position it could pop the door catch. (when you drove the car I had saftey strikers that slid forward and kept the door secure while driving). well I took pics of loading it and he left.
    4 days later the new owner calls me and says he got the car but the front end was damaged with nicks scratchs and was covered with loads of dirt & dust? and the drivers door had blown open and damaged the door it's paint & hingde assembly. my first response was to tell him the dirt/dust, nicks and scratchs were from road debris and the door problem must have been due to the tow guy moving the car and not closing the door properly. the new owner said the guy told him he never moved it?
    I asked where the car was on the trailer he said on the very back (last spot). I told him the guy moved the car from the front sometime and had pics of the car in the front to prove it. Once he got the pics from me told me he was gonna go after the carrier. I know he had to repaint the car and he told me the carrier assumes no liability for damages sustained to the car or it's paint due to mother nature during transit. so basically he got F**ked.
    moral of the story if your gonna spent $25K for a street rod spend the exrta $2500 for an enclosed hauler.

    Paul
     
  8. ranchwagun
    Joined: Jan 9, 2007
    Posts: 78

    ranchwagun
    Member

    I think people should go look at shit before they buy it!
     
  9. arkiehotrods
    Joined: Mar 9, 2006
    Posts: 6,803

    arkiehotrods
    Member

    Don't offer to do anything at this point (i.e. buy a battery or give partial refund, etc) That would be an implied warranty.

    Do you have the title, did you mail it, or did you send it with the car?

    Did they pay the full amount ($2,300?) with paypal or just a deposit?

    To file a claim with paypal, they would have to claim a SNAD (significantly not as described). Most of the time, paypal doesn't resolve SNAD claims in buyer's favor when a motor vehicle is involved, mainly because the claimed condition of a vehicle is so subjective not to mention that the issues raised by your buyer would have been detected had he inspected the car or had it inspected by a trusted third party before bidding on the car.

    If the guy paid with paypal using a credit card, he could circumvent the paypal resolution process and do a chargeback through his credit card company, but then he would be in possession of stolen property in which case you could go after him.

    Two ways to resolve it. Ignore his emails and see what happens (unless he opens a dispute with paypal, in which case you'll have to respond) or send one email telling him you'll refund his purchase price when and if the car is returned safely to you in the same condition it left your possession.
     
  10. 53sled
    Joined: Jul 5, 2005
    Posts: 5,817

    53sled
    Member
    from KCMO

    Caveat Emptor
    Do you have your conversations documented?
     
  11. Shifty Shifterton
    Joined: Oct 1, 2006
    Posts: 4,964

    Shifty Shifterton
    Member

    Hindsight's 20/20 but you never should've offered that car for interstate sale with the bad battery. It was cheap insurance that the transaction wouldn't go wrong. Blame the buyer if you want, but realize your own role too. Now you got another step or two before it's clear whether they're honest.
     
  12. punkabilly1306
    Joined: Aug 22, 2005
    Posts: 2,655

    punkabilly1306
    Member
    from ohio

    i printed off all e-mails i have with him stating certain facts...yes now i realized i should have just bought a damn battery
     
  13. custom50
    Joined: Dec 29, 2007
    Posts: 396

    custom50
    Member
    from Indiana

    Lets see a few pictures and the price, we will give you our honest opinion. I'll show you what a crook is, and he has joined this site after selling the piece of shit on ebay. You told the guy up front, the guy told me tons of new parts, daily driver runs excellent.
     
  14. punkabilly1306
    Joined: Aug 22, 2005
    Posts: 2,655

    punkabilly1306
    Member
    from ohio


    im confused what are you talking about?
     
  15. BTB-Derby
    Joined: Apr 28, 2005
    Posts: 260

    BTB-Derby
    Member


    You hit it on the nail right there:cool::cool:
     
  16. M_S
    Joined: Feb 20, 2008
    Posts: 542

    M_S
    Member
    from SoCal

    This not true, any act of good faith cannot be construed as a warranty (implied or otherwise).

    In your post, you said that you made some very definite claims as to the condition of the car. If this is true, and the purchaser can prove that you misrepresented these claims then they have a case.

    In a used car sale there is no such thing as an 'implied' warranty. Any warranty by the seller must be very specific like "I just rebuilt the engine and promise it will not have any problems for six months". Saying "the car runs great!" is not a warranty.
     
  17. punkabilly1306
    Joined: Aug 22, 2005
    Posts: 2,655

    punkabilly1306
    Member
    from ohio

    in an e-mail i have i stated that and i quote directly from this e-mail
    "hello ....."
    first thing...are you going to use the "Buy it now" option? no i wont be able to get the car to toledo, ive never had the car on the highway and plus i have no tags or insurance on it. As far as daily driver status i dont see why not...take into account this is an old car and i DID NOT REBUILD THE MOTOR as with all old cars you will have some issues, but it charges good, drives good and handles and stops well. I would suggest running some engine cleaner thru it tho and then changing the oil, it sat all winter and developed a little lifter tick from carbon deposit. And a new30$ top post battery for sure. I hope this answered all of your questions and look forward to hearing from you.
    bob
     
  18. punkabilly1306
    Joined: Aug 22, 2005
    Posts: 2,655

    punkabilly1306
    Member
    from ohio

    yeah thats what i was thinking
     
  19. punkabilly1306
    Joined: Aug 22, 2005
    Posts: 2,655

    punkabilly1306
    Member
    from ohio

    one pic of it driving
    [​IMG]
     
  20. punkabilly1306
    Joined: Aug 22, 2005
    Posts: 2,655

    punkabilly1306
    Member
    from ohio

    thats what i was wondering as well
     
  21. punkabilly1306
    Joined: Aug 22, 2005
    Posts: 2,655

    punkabilly1306
    Member
    from ohio

    how do you post youtue vids on here?
     
  22. southpark
    Joined: Aug 2, 2007
    Posts: 712

    southpark
    BANNED

    why the hell would you let the guy pay you the full amount through paypal???

    that was your first mistake paypal takes 3% where a money order cost 35 cents, so if you ever sell something big again make sure its a money order.

    paypal is great for little 100 dollar shit but after that make it a money order.
     
  23. Shifty Shifterton
    Joined: Oct 1, 2006
    Posts: 4,964

    Shifty Shifterton
    Member

    Judging by the smoke/hazy spot behind the car don't show that picture around as proof of awesomeness :)

    good luck getting it straightened out. I think the way the ebay/paypal system works you're in the clear for anything other than title issues and odometer fraud.
     
  24. In your E-Bay ad did you state>
    (no warranty given or implied)?

    This protects the seller from "buyers remorse" when dealing with a used vehicle they have sold.
     
  25. punkabilly1306
    Joined: Aug 22, 2005
    Posts: 2,655

    punkabilly1306
    Member
    from ohio


    only reason i did paypal because in one shot its over with, i have been screwed by people saying "im sending the money order tomorrow" and i just wanted the car gone asap so i could start working on my '51. I knew paypal took a fee but wasn't too worried about it
     
  26. punkabilly1306
    Joined: Aug 22, 2005
    Posts: 2,655

    punkabilly1306
    Member
    from ohio

    yeah that was the first drive for the car and it had a little coolant on the block, but it prooves the car does drive
     
  27. A few years ago, a young guy bought a CB500T honda from me on Ebay. He and his dad show up with a trailer to take the bike home as it was a brisk morning and they were taking it home to Madison, Wi. The bike fires for us cold on the first kick and settled to a perfect putt putt...putt putt... idle. He checks the bike out for damage which it had none. I put an OK for condition space on an open line on the recipt. He signed it and they loaded it up. He didn't test ride it, which I thought was odd, especially since I told him that he wasn't obliged to take it as long as he paid my auction fees. They then didn't know how to tie a bike down. Hmmmmmmm
    Two hours later the phone rings. They are telling me the lever won't disengage the clutch. "you witnessed it working here, there has never been an issue" I say. They tell me they want $ back for the repair parts. I ask what parts. The clutch lever and bracket. I tell them the bike was nearly perfect but for paint, they even signed for it while complimenting the thing. Well, it finally comes out the guy, about 18 or 19, has never ridden a motorcycle, just a mini bike. Suprise suprise. I told them the parts would be about 40 bucks or so at the parts place in Neenah and they just learned their first motorcycle lesson, they only stay in good shape if kept verticle.
    It helps to have the purchasing party or the responsible party sign off on vehicle condition when the vehicle is delivered. As delivered pics or video wouldn't hurt either. It may seem extreme, but many folks will stop at nothing to releive their buyer's remorse.
     
  28. 38plymouth
    Joined: Apr 11, 2008
    Posts: 419

    38plymouth
    Member

    The daily driver part is confusing. Did you advertise it as such? If so, then you're misleading. Should have said up and down the driveway. What was the selling price? That ought to answer a few questions.
     
  29. Larry T
    Joined: Nov 24, 2004
    Posts: 7,875

    Larry T
    Member

    Sounds like his idea of a daily driver (probably stick the key in the ignition, start the car and go) is different from yours (not tagged, never been on the highway, needs battery, leaking waterpump, etc).
    That being said, he bought the car and should have done the research before he turned the money loose, not after.
    I'll agree with most folks here, I'll never buy a car sight unseen and really HATE selling one that way. What two people see in their own "minds eye" is seldom the same.
    Larry T
     
  30. custom50
    Joined: Dec 29, 2007
    Posts: 396

    custom50
    Member
    from Indiana

    Let me start over. I bought a piece of shit that was represented as a daily driver, tons of new parts, runs excellent. The car was junk.

    I said to put up a few pictures for us to see what you sold and we, or I would give an honest opinion of whether you screwed the guy or not. Pictures tell a lot.
     
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