Major ebay problem, help needed asap!

[MosportGreen66]

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

[Allen]

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

What is the auction number?

[budnate]

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

[x Baldwin Motion]

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

[68camaro383]

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...

[quick-bowtie]

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

[Pacecarjeff]

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.
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.

I would rather get a bidders strike, then buy a junker.

[JoeG]

[ 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.........

[427TJ]

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.

[PeteLeathersac]

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