used engine failed with 150 miles on it now seller is threating me

[brian1]

The messages were private via fb but he is trying to go public about this. His defense is that he can have me thrown in jail for fraud if I do a charge back. But he is not honoring his warranties that are posted on all his ebay site and tells people.

We never discussed my warranty being voided if I bought this motor. He knew that this engine was going on a turbo charged cobra not a stock car.

 

[Zigner]

The messages were private via fb but he is trying to go public about this. His defense is that he can have me thrown in jail for fraud if I do a charge back. But he is not honoring his warranties that are posted on all his ebay site and tells people.

We never discussed my warranty being voided if I bought this motor. He knew that this engine was going on a turbo charged cobra not a stock car.

Common sense is that a warranty is void if you cause the damage to the item.

 

[brian1]

Common sense is that a warranty is void if you cause the damage to the item.

I did not damage the engine. it made some noise right after the install. at first I thought it was an exhaust rattle but after repairing the exhaust the noise was still present. I called the seller and that's when the guy got all defensive and making threats.

my question is can he call the cops and say its theft? I don't see how it could be

 

[quincy]

I did not damage the engine. it made some noise right after the install. at first I thought it was an exhaust rattle but after repairing the exhaust the noise was still present. I called the seller and that's when the guy got all defensive and making threats.

my question is can he call the cops and say its theft? I don't see how it could be

Yes. He can call the cops and claim whatever he wants to claim.

But I don't see how it is theft or fraud. I see it as a disagreement between a buyer and seller over what a warranty should cover and whether the warranty should be honored in your case.

You, too, can contact the police and report his threat.

It would be nice if you and seller could work out a compromise without additional threats or police involvement or lawsuits - but, if a compromise is impossible, the other options may need to be considered. I suggest you review the warranty and the Facebook exchanges and all facts with an attorney in your area, to get a better idea of which option makes the most sense for you.

Good luck, brian1.

 

[Bali Hai]

Yes. He can call the cops and claim whatever he wants to claim.

But I don't see how it is theft or fraud. I see it as a disagreement between a buyer and seller over what a warranty should cover and whether the warranty should be honored in your case.

You, too, can contact the police and report his threat.

It would be nice if you and seller could work out a compromise without additional threats or police involvement or lawsuits - but, if a compromise is impossible, the other options may need to be considered. I suggest you review the warranty and the Facebook exchanges and all facts with an attorney in your area, to get a better idea of which option makes the most sense for you.

Good luck, brian1.

Yeah, he's going to need luck for sure.

 

[b4sniper]

I'm just curious, now that the buyer exposed this private conversation to a public forum with the intent on receiving legal advise, does the seller have a case for defamation?

 

[quincy]

I'm just curious, now that the buyer exposed this private conversation to a public forum with the intent on receiving legal advise, does the seller have a case for defamation?

Truth is a defense to any defamation claim. If what was reprinted by brian1 are the messages actually exchanged, there has been no defamation.

It would not be too hard to identify the parties involved here, however. Whenever you publish information about an identified or identifiable person, you need to be careful about what you write. All that you post should be true or pure opinion (opinion that does not state or imply any false facts).

There can be copyright infringement issues when copying another's written words and there can be privacy issues with the unauthorized publication of private conversations. Although the potential is there, it seems highly unlikely that any legal action could be supported adequately enough to make these worth considering or pursuing.

I think both brian1 and the seller would be smart to sit down and settle the warranty matter - or they should start consulting with attorneys in their area - before they create additional legal problems for themselves, though.

 

[Bali Hai]

Truth is a defense to any defamation claim. If what was reprinted by brian1 are the messages actually exchanged, there has been no defamation.

It would not be too hard to identify the parties involved here, however. Whenever you publish information about an identified or identifiable person, you need to be careful about what you write. All that you post should be true or pure opinion (opinion that does not state or imply any false facts).

There can be copyright infringement issues when copying another's written words and there can be privacy issues with the unauthorized publication of private conversations. Although the potential is there, it seems highly unlikely that any legal action could be supported adequately enough to make these worth considering or pursuing.

I think both brian1 and the seller would be smart to sit down and settle the warranty matter - or they should start consulting with attorneys in their area - before they create additional legal problems for themselves.

Would it be cost effective for each to hire an attorney and start litigation for such a trivial amount of money? The OP could just take the business owner to small claims court where the costs are minimal to file?

 

[quincy]

Would it be cost effective for each to hire an attorney and start litigation for such a trivial amount of money? The OP could just take the business owner to small claims court where the costs are minimal to file?

I see that a review of the warranty and the facts could be worth the expense. A personal review can let brian1 know if he should pursue this even as far as small claims.

Attorney consultations could also be worth the expense if it prevents either one of them from creating a greater legal mess for themselves by making additional threats or making statements they could later regret.

But it definitely would be best if they could just come to an amicable agreement of some sort without any attorney involvement at all and without having to take the matter to court.