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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 stated the car runs wells and then he asked "would it make a decent driver" to which i responded..."I dont see why not, it charges well and drives and i installed under dash gauges so you can keep track of what is happening" i never advertised it as "daily driver"...the selling price was $2100
     
  2. punkabilly1306
    Joined: Aug 22, 2005
    Posts: 2,655

    punkabilly1306
    Member
    from ohio

    here is a link to the car when it was for sale on the hamb...ebay add was exactly the same

    http://www.jalopyjournal.com/forum/showthread.php?t=333783
     
  3. Blue Moon Garage
    Joined: Mar 1, 2009
    Posts: 407

    Blue Moon Garage
    Member

    From my recent experience on ebay, they pass the buck to Paypal when there is a dispute and won't deal with it. When the buyer decides he was screwed for whatever reason and requests a refund from his own credit card company, Paypal is supposed to act in your behalf in the dispute. However, not wanting to antagonize the credit card companies, they rarely find in the sellers favor and even charge you for defending you. So, I lost the amount of the sale, plus ebay fees, plus the "defense" charge and of course, the item in question is still gone. Nice, eh?
    Paul
     
  4. M_S
    Joined: Feb 20, 2008
    Posts: 542

    M_S
    Member
    from SoCal


    Saying the vehicle is a daily driver implies only that the vehicle is driven on a daily basis. This does not imply that the vehicle will not break down, or choose the day after the sale to do so.

    Pictures of the car and the selling price are immaterial. This is a contract dispute. The only things facts that matter are specific represented statements in the contract (this includes all correspondence between buyer/seller). Even if the buyer had paid for an inspection, knew because of the inspection that the car would break down the day after purchase, and bought the car after having that inspection, the seller is off the hook unless he made a specific warranty.

    Again, saying "the car drives like a dream" is not a warranty.
     
  5. Okievoodoo
    Joined: Jul 12, 2007
    Posts: 253

    Okievoodoo
    Member

    You need this in all ads with cars and you need to keep all emails through eBay that you had telling him what was wrong with car and him accepting... if he purchased after you said it wouldn't start due to battery and then he proceeded to tamper with car after purchase you should be fine...

    Paypal may grab your money from your bank account and hold while they decide but he will also have to pay for return of car to you before he gets the money deposited to his account. Paypal says to allow up to one month for them to resolve dispute...
     
  6. punkabilly1306
    Joined: Aug 22, 2005
    Posts: 2,655

    punkabilly1306
    Member
    from ohio

    so me telling him that i did not rebuild the motor and that with all olds car you will have some issues was a good thing?
     
  7. punkabilly1306
    Joined: Aug 22, 2005
    Posts: 2,655

    punkabilly1306
    Member
    from ohio

    I have the email that states me telling him he needs to buy a new top post battery first off
     
  8. M_S
    Joined: Feb 20, 2008
    Posts: 542

    M_S
    Member
    from SoCal

    I just read the ad, and do not see any warranties. The only way they have a case (unless a specific warranty was given in email correspondence) is to prove that you misrepresented any of the claims you made in the ad. Such as, the oil psi not reading 55 at the time you were looking at it.

    It's an old car, things break, sometimes immediately after purchase. This is why all used car sales as "as is" unless a specific warranty is given.

    This may not help with all of the hell you might have to go through fighting it, but legally your case is sound.
     
  9. punkabilly1306
    Joined: Aug 22, 2005
    Posts: 2,655

    punkabilly1306
    Member
    from ohio

    i also just found out that the semi-driver decided to play mechanic on the car trying to get it to start
     
  10. Larry T
    Joined: Nov 24, 2004
    Posts: 7,876

    Larry T
    Member

    I think that in the end, it's his problem not yours, but you might have painted a pretty rosy picture of the car.



    ......All that is left to do is throw some carpet and a headliner in it along with your favorite shift knob and cruise..........
     
  11. punkabilly1306
    Joined: Aug 22, 2005
    Posts: 2,655

    punkabilly1306
    Member
    from ohio

    thank you very much for your input, it is much appreciated
     
  12. punkabilly1306
    Joined: Aug 22, 2005
    Posts: 2,655

    punkabilly1306
    Member
    from ohio


    yeah thats because the car ran great when it was here lol
     
  13. vertible59
    Joined: Jan 25, 2009
    Posts: 1,058

    vertible59
    Member

    Looks like that car should be worth $2100...running or not. How much did it cost to ship it?
     
  14. punkabilly1306
    Joined: Aug 22, 2005
    Posts: 2,655

    punkabilly1306
    Member
    from ohio

    they paid shipping and i do believe it was round 650$
     
  15. My 'Scam' alert device is ringing a touch on this deal.

    Buyer buys the car from you using a credit card.
    Then tells the credit card company not to pay after he gets the car home.

    Since it's so far away, you're stuck for the most part.

    Dunno how much it would help, but you may want to talk to the Police Dept where the buyer lives.
    Something along the lines of reporting the car stolen.
     

  16. Doesn't Ebay own PayPal now?

    Talk about the fox guarding the henhouse....
     
  17. M_S
    Joined: Feb 20, 2008
    Posts: 542

    M_S
    Member
    from SoCal

    They would have to prove that it was not running great when there, for their case to have merit. That would be difficult to do even if you were lying.
     
  18. Kevins89notch5.0
    Joined: Feb 11, 2007
    Posts: 105

    Kevins89notch5.0
    Member
    from Orlando

    NOW? They always have. Plus they've taken away the option of using money orders for smaller purchases to my understanding. They are FORCING you to use paypal. :(:mad:
     
  19. gasserjohn
    Joined: Nov 9, 2008
    Posts: 1,218

    gasserjohn
    Member

    offer to have a local hamb member go by &have alook for you<<<<<<<<<<<?
     
  20. punkabilly1306
    Joined: Aug 22, 2005
    Posts: 2,655

    punkabilly1306
    Member
    from ohio

    i also got a feeling of scam since a few of the email accounts they have mailed me from are now deleted, so once the money was deposited into my paypal i immediatly deposited it into my bank account then proceeded to close out that account with paypal and open a new one strictly for paypal deposits. Last thing i wanted was for them to start spending my money via paypal
     
  21. 49ratfink
    Joined: Feb 8, 2004
    Posts: 18,852

    49ratfink
    Member
    from California

    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

    every time you accept paypal for something you are rolling the dice as to whether you will end up losing the item and your money. it is that simple. you should never take paypal for a car.

    since you did the first thing you should have done is taken the money out of your paypal account. hope you didi that.

    this is a common occurance with ebay motors. people are stupid. any normal person knows an old car is gonna require some work sooner or later, and if you buy a car with a battery that goes dead after 2 days you can expect some other issues besides a new battery being the problem.

    good luck with this... paypal doesn't care about your emails or what the ad said, they only care about paypal and have no problem taking the money back out of your paypal account and giving it back to the guy if it seems to be the easiest way out for them.
     
  22. 49ratfink
    Joined: Feb 8, 2004
    Posts: 18,852

    49ratfink
    Member
    from California

    oh... I see you took the money out. just tell the buyer to fuck off then.
     
  23. punkabilly1306
    Joined: Aug 22, 2005
    Posts: 2,655

    punkabilly1306
    Member
    from ohio


    hahaha man i wish i could be that big of a dick
     
  24. Chad s
    Joined: Oct 6, 2005
    Posts: 1,717

    Chad s
    Member

    I think you made a good move there. I would say your pretty safe now, but also, take that money out of the bank account. I have an account JUST for paypal, and when money comes in, I transfer it to that bank account, and then using my banks online checking, transfer it to another account that is not linked to paypal in any way. I keep $25 in my "paypal bank account", so if they try and debit it, thats all they can get from me.
     
  25. punkabilly1306
    Joined: Aug 22, 2005
    Posts: 2,655

    punkabilly1306
    Member
    from ohio


    BINGO exactly what i did, and the $25 amount is even the same lol
     
  26. punkabilly1306
    Joined: Aug 22, 2005
    Posts: 2,655

    punkabilly1306
    Member
    from ohio

    i really would like to thank everyone who has helped me this...i barely slept last night and am pretty nervous, but im feeling a little bit better from what ive read.
     
  27. 38plymouth
    Joined: Apr 11, 2008
    Posts: 419

    38plymouth
    Member

    I'll give you my honest unbiased opinion. This whole thread is bullshit. The car is a piece of shit, but what do you expect for $2100. The seller did paint a rosy picture and left the buyer to read between the lines. The buyer had the rose colored glasses on and got what he paid for (maybe).

    Ebay & Paypal are total bullshit. Most people know that and use it with fingers crossed.

    Note to the BUYER....., stop your whining and pay the man. If you're too lazy to go look at a car before you buy, then you don't have a leg to stand on. Like I said, suck it up and pay the man. Next time go look for yourself.
     
    Last edited: Mar 2, 2009
  28. punkabilly1306
    Joined: Aug 22, 2005
    Posts: 2,655

    punkabilly1306
    Member
    from ohio


    why are you saying im whining but then telling the buyer he is lazy and then telling me to go look for myself next time wtf
     
  29. custom50
    Joined: Dec 29, 2007
    Posts: 396

    custom50
    Member
    from Indiana

    The car is well worth the price. He just wants some money back and keep the car.

    I went through the States Attorney in KS. but with the hassle of flying to Kansas & taking him to court would cost more then I lost. I will put the video on youtube as soon as I can reduce it to under 10 mintues. The Kansas State's Attorney's Office even said "what a piece of crap".
     
  30. Yeah-- for $2300 he can foot the bill for a new battery.

    __
     
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