Major ebay problem, help needed asap!
 

Guys...

I recently won the bid on a 1969 W30 442. Its neat day-2 car and I was really excited about bringing it home. That excitement all stopped since the seller has pinned me into a corner.

The seller is not a "car guy" and does not know how these transactions are supposed to work. He asked me for a deposit on the car and I sent him a paypal deposit of $2,000 as he desired. No questions asked, I sent the money. I called him later that night and said we would bring cash after we inspected the car, checked the body and the numbers. He agreed orally and the conversation ended.

Yesterday, as I am making my final arangements to drive 10 hours from NY to Ohio (truck and trailor), I received the following email from the seller. I am literally copying and pasting this message...

Buyer:

You are late in your payment.
I required a deposit within in 24 hours. You met this deposit requirement.
I required a full payment by cashiers check/money order or paypal for the full amount within 72 hours of auction close. You did not meet this requirement.
I will not accept cash in person and I will not sign any outside contracts drawn up by you the buyer.
You have not met your requirements as a buyer according to the Ebay binding contract.
You have broken the contract and Ebay has been notified with the evidence of your actions.
All contact from here forward will be done through ebay and will be trackable.
The sale of this item has been suspended.

I instantly tried to call the seller but he will NOT answer phone calls, respond to emails, or reply to ebay messages. I contacted Ebay Live Help, Ebay Motors Live Help and finally gave up after waiting an hour + for the Non-Selling Sellers Live Help.

What can I do?

I almost feel like he is trying to pawn me into paying him without inspecting the car. Its almost as if he expected us to send the money, send a shipping rig, and not inspect the car.

I have no strike or warning on my account...

I filed a paypal dispute and I filled out a report through ebay to investigate the seller but I fear its too late. Since ebay is a binding contract of buyer and seller, could I sue him for the rights to the car? Isn't this a violation of specific performance?

Any help would be great guys... I really do want this car. But I just do not know what to do...

-Dan

Re: Major ebay problem, help needed asap!
 

Wow, sounds like quite a weasel you're dealing with.

What is the auction number?

Re: Major ebay problem, help needed asap!
 

simple Dan,
have your attorney call him and leave a message if he wont pick up and have him exsplain the real world to him, you sent a deposit on the car, he is locked in with you, he has probably had some other deal thrown at him and being a weasel is looking that way now...just went through that on this end, hate guys who cannot honor there word on a deal. you may be better off without this car, it just fries your bvd's at the moment

Re: Major ebay problem, help needed asap!
 

many car auctions state "winning bidder is buyer according to my terms" winning bidder does not mean right of first refusal after inspection. I spoke at length to a couple of sellers before driving hours to get car (with flatbed for hire). Fortunately the guy that tried to hide the rusted trunk under a new car cover let me out without penalty. The other car with trunk repaired with paper mache I took home because that was the deal BEFORE I bid and won. Check the original auction details for terms of sale. They are binding. Any agreement to inspect or check numbers and documents should be done before bidding.
Good Luck.
Chris https://www.yenko.net/ubbthreads/imag...mlins/flag.gif

Re: Major ebay problem, help needed asap!
 

I would check with the state law in where the guy is located. I think all states have certain laws with buying a used car. Check there and see if you can have some sort of recourse that way. Otherwise try to reverse your Paypal payment. Good Luck...

Re: Major ebay problem, help needed asap!
 

Drive there and kick the living HELL out of the guy. This car crap is starting to really piss me off there are way to many CROOKS/SCAMMERS out there. If I was close Id do it for you!! man people like that burn me. A baseball bat to the knee caps should cause an easy 2k worth of damage and piece of mind

Re: Major ebay problem, help needed asap!
 

Sellers that want you to buy something without looking are trying to scam you.
You sent your deposit - the car is yours. If you want it.
Don't EVER buy a vehicle with out a full inspection - Even if you know the seller - even a new car.

You are right - this seller has a better offer, and is looking for a way to get out of your deal.
If you want the car it is legaly yours, but you may have to take him to court.

is he willing to give back your deposit? Maybe you should just take it and forget it.
Sounds like this is going to be a real hassle.
No one who REALLY wants to sell their car is going to be that picky about a few extra days.
Something else is going on, and he want's out of your sale.

Maybe it is a blessing.


i had the same thing happen to me 2 years ago.
This seller lied about the condition of his car.
I flew, and drove to the middle of Hickstown Indiana,
only to find a car that had been patched together, and was not driveable in it's existing condition.
The seller wanted top dollar and described it as a show car.
This was someone who i thought should have been trustworthy. https://www.yenko.net/ubbthreads/images/graemlins/no.gif
He had tried to get me to buy it based on his description alone. Lucky I went to look.

You really can't trust anyone anymore. It is still BUYER BEWARE, eBay has made this all much worse.
Nothing surprises me anymore....
Well I am surprised these days when someone is actually honest. https://www.yenko.net/ubbthreads/imag...s/rolleyes.gif

I would rather get a bidders strike, then buy a junker. https://www.yenko.net/ubbthreads/imag...lins/beers.gif

Re: Major ebay problem, help needed asap!
 

[ QUOTE ]
Guys...

I recently won the bid on a 1969 W30 442. Its neat day-2 car and I was really excited about bringing it home. That excitement all stopped since the seller has pinned me into a corner.

The seller is not a "car guy" and does not know how these transactions are supposed to work. He asked me for a deposit on the car and I sent him a paypal deposit of $2,000 as he desired. No questions asked, I sent the money. I called him later that night and said we would bring cash after we inspected the car, checked the body and the numbers. He agreed orally and the conversation ended.

Yesterday, as I am making my final arangements to drive 10 hours from NY to Ohio (truck and trailor), I received the following email from the seller. I am literally copying and pasting this message...

Buyer:

You are late in your payment.
I required a deposit within in 24 hours. You met this deposit requirement.
I required a full payment by cashiers check/money order or paypal for the full amount within 72 hours of auction close. You did not meet this requirement.
I will not accept cash in person and I will not sign any outside contracts drawn up by you the buyer.
You have not met your requirements as a buyer according to the Ebay binding contract.
You have broken the contract and Ebay has been notified with the evidence of your actions.
All contact from here forward will be done through ebay and will be trackable.
The sale of this item has been suspended.

I instantly tried to call the seller but he will NOT answer phone calls, respond to emails, or reply to ebay messages. I contacted Ebay Live Help, Ebay Motors Live Help and finally gave up after waiting an hour + for the Non-Selling Sellers Live Help.

What can I do?

I almost feel like he is trying to pawn me into paying him without inspecting the car. Its almost as if he expected us to send the money, send a shipping rig, and not inspect the car.

I have no strike or warning on my account...

I filed a paypal dispute and I filled out a report through ebay to investigate the seller but I fear its too late. Since ebay is a binding contract of buyer and seller, could I sue him for the rights to the car? Isn't this a violation of specific performance?

Any help would be great guys... I really do want this car. But I just do not know what to do...

-Dan

[/ QUOTE ]

I've had a few disputes with some e-bayers, but I always respond thru e-bay where the conversation is on record so there is no putting a spin on what was said between both parties. Dan, I would stay the course for a first effort and go thru e-bay as mediator and see if you two can come to a meeting of the minds before things get too ugly and there would be no turning back.The bottom line though is you did buy the car and at the very least the 2k would be history if you back out, if all his sales stipulations were up front ,unless paypal is reversed or the seller lets you off the hook ???....It's tough to kick the tires over the internet.........

Re: Major ebay problem, help needed asap!
 

If it's the gold one with the wild headers that went for only 18K then my guess is that the seller got a higher offer after the auction ended and now he wants to sell it to someone else for more money.

Re: Major ebay problem, help needed asap!
 

What a bummer...is it this deal?

http://cgi.ebay.com/ebaymotors/1969-Olds...1QQcmdZViewItem

Does using *67 before you dial his number work where you are...it cloaks your number when you call and you may have a chance of getting him on the line? .

Good luck with everything! .

~ Pete

Re: Major ebay problem, help needed asap!
 

File a dispute with paypal. Get your money back. Ding him with a negative on ebay and move on. There will be other good deals. Earl

Re: Major ebay problem, help needed asap!
 

Dan, My guess is that you are out of luck as the ad clearly states that his terms are $2k within 24 hours and full payment by certified funds within 72 hours. Ebay will side with the seller unless you have proof that he agreed to different terms, which it sounds like you don't have. I'd still try the ebay route, but I really doubt that they will side with you https://www.yenko.net/ubbthreads/imag...lins/frown.gif

Re: Major ebay problem, help needed asap!
 

Yes, Get your deposit back, and move on.
Sorry, but that may be your best bet.

Wow, nice car - what a bargin, he absolutly has another buyer.
Sorry.

Re: Major ebay problem, help needed asap!
 

I read the ad on ebay and do not see where it states "Full payment in 72 hours". Am I missing it?

Re: Major ebay problem, help needed asap!
 

Its is in small lettering on the bottom of the page Tony.
I did not see where this was coming either...

Re: Major ebay problem, help needed asap!
 

Dan, Your only recourse is that he did not state that it was a non-refundable deposit. Have your lawyer send him a letter to the effect that you are prepared to finalize the arrangements immediately and that you will take legal action if he does not return the deposit (since it was not stated as non-refundable) or if he completes a sale with someone else...then keep your fingers crossed that he gets scared and lets you out of the deal. He is obviously a jerk to do what he is doing regardless of the agreement. The only area where I might give him a little sympathy is if you said that you would only pay him in full after an inspection. Ebay doesn't work like that...you win, you pay unless the item is misrepresented.

Re: Major ebay problem, help needed asap!
 

Dan,
I emailed him for his number days before his auction ended.He waited until the last 15 min of the auction before sending his number.I called and he seemed very nervous and couldn't wait to get off the phone.I had to ask 3 times if he lived in Sunbury Ohio between Columbus and Dayton,or the one closer to Granville ohio(I have a place in Granville and I'm here now).If you look at his previous auctions you will see he lived in Granville a month or two ago,yet he had trouble making up his mind and didn't want to tell me.When I made it clear that if I won the auction I would be coming with cash and trailer the following day he got quite instead of excited. It was one bad feeling after another with that guy.His story on the car was lame,too.

Re: Major ebay problem, help needed asap!
 

Interesting Motion plate.
Looks like it was a South Bend Indiana car.
Did Joel use those type of headers?
If the seller told dan he could pick it up on the weekend I would think that would be their verbal contract.
Isn't one of the members here a lawyer that handles this type of stuff?
does anyone remember his handle here?dan, you need to get that lawyer to help you before the weekend comes and goes. https://www.yenko.net/attachments/231260-motionplate.jpg

Re: Major ebay problem, help needed asap!
 

Your only recourse is not your deposit back but also you most likely will be able to force the seller of the vehicle to sell you the vehicle. You paid your deposit and made arrangments with the seller to inspect/pickup the vehicle. A buyer of a good has an absolute right/duty to inspect a good before he accepts the good. The seller can not unilateraly resind the contract because you did not meet an unconscionable, modified term.

Click on my link below. I sent you a private message.

Re: Major ebay problem, help needed asap!
 

I would go thru Ebay and see if they can do anything.If not get your deposit back,leave negative feedback on him for what he has done.

Bobby

Re: Major ebay problem, help needed asap!
 

Dan,
Email the seller through Ebay letting him know you are here at a friends ready to pick up the car tomorrow.I'll go in your place.If it's a real W-30(I personally believe the car is made up)I'll bring it home.If it's a fake, I'll try and get your deposit without ending up in the clink.
772-321-3537

Re: Major ebay problem, help needed asap!
 

[ QUOTE ]
Your only recourse is not your deposit back but also you most likely will be able to force the seller of the vehicle to sell you the vehicle. You paid your deposit and made arrangments with the seller to inspect/pickup the vehicle. A buyer of a good has an absolute right/duty to inspect a good before he accepts the good. The seller can not unilateraly resind the contract because you did not meet an unconscionable, modified term."



This is the last place I would ever like to argue with a fellow enthusiast (if you are one, and not just a lawyer soliciting clients), but if you are not familiar with ebay, the long standing practice has been inspect before you bid just like Barrett Jackson and Mecum. Its an aution, and the high bidder pays according to pre arranged terms. It is not a bid to look and say "never mind, I do not want it". If the vehicle is misrepresented or the printed description is not accurate then you have a case. As far as the buyer not collecting the car and paying in full within 72 hours, the seller (according to Ebay) can relist the vehicle and strike you as a non paying bidder. You may have a chance at getting your deposit back if "non-refundable" isnt stated. All communications must be in writing through Ebay.
I've had my goose cooked here before. Good Luck!

Chris https://www.yenko.net/ubbthreads/imag...mlins/flag.gif https://www.yenko.net/ubbthreads/imag...mlins/flag.gif

Re: Major ebay problem, help needed asap!
 

I would like to publicly thank Jim Yocono (A stock) for his help this afternoon. Jim took time out of his busy day to try to remedy my situation. Jim's findings basically solidified our beliefs about this car and the seller's scam. It is people like him who offer this hobby hope for the future.

Thank you Jim!

Sincerely,
-Dan

Re: Major ebay problem, help needed asap!
 

ALLRIGHT Jim..Way to go.

Re: Major ebay problem, help needed asap!
 

So tell us what happenned. Did you get your deposit back? Car was phony?

Re: Major ebay problem, help needed asap!
 

After several attempts to contact the seller of the 442, he finally replied. He informed me my actions forced him to contact the police and that if I continue to contact him, they will take further action.

Now it is time to drag this scumbag through the mud. I have a call into my attorney, the credit card company, and paypal.

If anyone sees the car for sale please let me know. The seller is a real winner here. https://www.yenko.net/ubbthreads/imag...lins/smirk.gif

For the record, this is the jackass we're dealing with.

http://www.savagehillcycling.com/rid...asp?riderno=17

I googled his email address...

Re: Major ebay problem, help needed asap!
 

What a dirt bag!

Re: Major ebay problem, help needed asap!
 

You should contact the cycling club and let them know what a dickhead this punk is.

Re: Major ebay problem, help needed asap!
 

What a scam If you contact him he will go to the police
What is that suppose to scare you I would tell that 29 year old punk
To bring it on and by the way his action will forced you to contact the IRS
I would normally say just have pay –pal refund your money and just move
On BUT this punk needs to be taught a lesson

Re: Major ebay problem, help needed asap!
 

You should call the local Police in his town - explain to them what has happened and file a report.
Ask them for advise while you are on the phone.
Get it all on the record.

Then call that guy, and ask for your deposit back - give him your police report number.
Don't be intimidated - you have not done anything wrong. https://www.yenko.net/ubbthreads/imag...ns/scholar.gif

Re: Major ebay problem, help needed asap!
 

[ QUOTE ]
You should call the local Police in his town - explain to them what has happened and file a report.
Ask them for advise while you are on the phone.
Get it all on the record.

Then call that guy, and ask for your deposit back - give him your police report number.
Don't be intimidated - you have not done anything wrong. https://www.yenko.net/ubbthreads/imag...ns/scholar.gif

[/ QUOTE ]


Then tell him that Cousin Vinnie's gonna be passing thru town and will stop by to pick up the deposit Money.....CASH ONLY............. https://www.yenko.net/ubbthreads/imag...iggthumpup.gif

Ken https://www.yenko.net/ubbthreads/imag...mlins/flag.gif

(Where the Hell is Roodhouse anyway??)

Re: Major ebay problem, help needed asap!
 

If that DIRT BAG had $2000.00 of my money I would send SWEETIE after him! You don't want to get between SWEETIE and HER $$$$! LOL He would look really funny explaining those big ole knots popped up on his head! And If he was man enough to say that a Woman did the damage to him! Hope everything turns out OK with you on this crappy deal.Ebay should suspend his stupid AZZ to boot!

Bobby

Re: Major ebay problem, help needed asap!
 

Get all your eggs in one basket and go see your local PD. Provide them with everything you have. THEY should call his local PD and I'm sure their already use to working with ebay cases. I've done a few already and most are resolved. Most PD's will not take a complaint over the phone, espically out of state.

Re: Major ebay problem, help needed asap!
 

[ QUOTE ]
Get all your eggs in one basket and go see your local PD. Provide them with everything you have. THEY should call his local PD and I'm sure their already use to working with ebay cases. I've done a few already and most are resolved. Most PD's will not take a complaint over the phone, espically out of state.

[/ QUOTE ]

This is true, let yoiur PD handle it with them. Going thru it now with someone.

Rich

Re: Major ebay problem, help needed asap!
 

Dan,
If you sent the deposit thru PAYPAL on a card, contact your card company.
In the past I have gotten a refund as a result of proving "non-delivery" / "non-shipment" of purchased product.
That might help get your deposit back.
Hope this might help.
Eric

Re: Major ebay problem, help needed asap!
 

(Where the Hell is Roodhouse anyway??)

https://www.yenko.net/ubbthreads/imag...lins/blush.gif Back in the day... we trained our fair share of "Olive Oil Salesmen"! https://www.yenko.net/ubbthreads/imag...mlins/wink.gif

An old Railroad Town; this place has plenty of stories they'd rather keep buried. https://www.yenko.net/ubbthreads/imag...ns/naughty.gif https://www.yenko.net/ubbthreads/imag...ns/naughty.gif

Re: Major ebay problem, help needed asap!
 

[ QUOTE ]
(Where the Hell is Roodhouse anyway??)

[/ QUOTE ]

If you look REAL hard, you can see a dot somewhere in west central Illinois. https://www.yenko.net/ubbthreads/imag...ins/tongue.gif

Roodhouse

Re: Major ebay problem, help needed asap!
 

Rick.......If you would have just said "It is between White Hall and Marchester"......that would have been enough..............LOL https://www.yenko.net/ubbthreads/imag...mlins/haha.gif https://www.yenko.net/ubbthreads/imag...mlins/haha.gif

Ken https://www.yenko.net/ubbthreads/imag...mlins/flag.gif

Re: Major ebay problem, help needed asap!
 

Under contract law, the non-breaching party (in this case, the seller) has the right to rescind the contract if the parameters of the contract were not met. In this case, the 72 hrs. Under which scenario, there are options, but the only viable one here would be to place both parties in the position they were in before the contract was entered upon. What this means is that, if you attempt to fulfill your obligation under contract and the seller does not allow you to make the contract whole (i.e.: Does not allow you to exercise) he MUST refund your money, and any interest gained on it while he's had the funds. You sound like you're being reasonable, and it sounds like the seller is being unreasonable.

You definitely need to contact a lawyer, and handle this ASAP. People hide behind the veil of e-bay, and you know what-- You'll get no help whatsoever from e-bay. It's the biggest f-ing culprit in this sort of activity because they DO NOTHING, and dirty dirt-mall douchebags know this, and don't abide by the rules of a "reasonable person"-- The court's rule.

In addition, if this dickhead mamma's-boy were to wrangle out of the contract in an attempt to re-sell the car for a profit, YOU would be entitled to the proceeds of the increase in sales price, because you are the rightful owner in the eye's of a court.

Either way dude, get a lawyer. Not saying it's going to help, as some of the most rediculous sh1t you've ever heard passes through court, but it will at least probably get you your money back, and you can move on. What your lawyer will tell you, and what you'll realize, is that it's not worth pursuing this person for anything more than the $2K; it's not like he shot at you or something. The world is filled with sleazy low-rent trashbags; E-bay is where they all congregate.

Chalk it up to a lesson-learned-- Get on a plane and check this junk out first if you're spending money that you worked hard for. If you can't afford to lose the money, don't gamble with it, I always say....

Re: Major ebay problem, help needed asap!
 

Dan,
We have quite a few cyclists in our area. Just invite this guy to Roodhouse and we'll handle him in our own way. The town and surrounding area is laced with abandoned coal mine shafts. Consequently, there are a number of air shafts still remaining in certain parts of town. https://www.yenko.net/ubbthreads/imag...ns/naughty.gif https://www.yenko.net/ubbthreads/imag...lins/dunno.gif

Like I said, this town has some stories..........