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Old 10-29-2006, 01:47 AM
mnyenko mnyenko is offline
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Default 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
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Old 10-29-2006, 02:05 AM
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Zedder Zedder is offline
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Default 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
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Old 10-29-2006, 02:07 AM
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Default 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.
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Old 10-29-2006, 03:54 AM
TDW TDW is offline
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Default 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?
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Old 10-29-2006, 04:09 AM
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Default 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...
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Old 10-29-2006, 06:20 AM
elcamino72 elcamino72 is offline
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Default 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.
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Old 10-29-2006, 06:32 AM
Astock Astock is offline
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Default 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.
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Old 10-29-2006, 10:51 PM
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Default 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
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Old 10-30-2006, 06:32 PM
69L72RS 69L72RS is offline
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Default 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
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Old 10-30-2006, 10:41 PM
king_midas king_midas is offline
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Default 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....
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