[JoeG]

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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

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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.........