E
ernie m
Guest
What is the name of your state?
I live in Pennsylvania.
I recently sold a car on eBAY to someone in California. He claims that I grossly misrepresented the car and wants all his money back or he will sue me for fraud.
Here are the brief facts: Car- 1967 Firebird Convertible. Listed on eBAY for 7 days at no reserve. My ad copy listed the car first by stating the options, then by description. I sated in the ad that I had purchased the car "to restore" but a life change forced me to sell. The car sold for $13200. it was eBAY item number 2488367579, if you want to check it out.
The winning bidder called me and we had a LENGHTHY conversation about the condition of the car. I was surprised that he had not E mailed me with any questions about the car during the action. After all I answered 65 or 70 E mails! In any event I described the car to the best of my ability, told him of how I bought it, what concerns I had then and how I had planned to restore it. After a couple of conversations he wired the money.
I drove the car to the shipping site, took more pictures of it before loading and overnighted the title and other documentation as agreed.
Now he recieves the car, hated it, tells me that his mechanics checked out, it is a totally irreparable wreck and wants his money back. He said that in may ad copy I described the car as beautiful and stunning and needed only minor issues resolved. He is right . The car is beautiful! It looks AT LEAST as good as the pictures posted. I also stated I bought the car to restore. I stated in the ad all of the things I did to the car since I purchased it. He says my ad is misleading and that I did not disclose the problems.
I suppose in retrospect the ad was somewhat vague. Many of the interested parties E mailed their inquiries . I never said the car was restored, in fact I described it as a "survivor" and in very good condition for an old car. That is very true! Everyone that ever saw the car stopped to offer favorable comments. Casual observers thought it to be restored. It looks that good.
I told him of the various flaws that I knew about and that the paint looked excellent from 20 ft away but that he would find some flaws if he really looked for them. The truth is that I fully described the car to the best of my ability to him during our phone conversation and was 100% truthfull. He only sent payment after totally discussing the condition of the car. He never inspected the car, or had someone do it for him. He didnt even E mail me any questions about the car until he bought it.
According to the NADA value guide the car is worth from $13000 to a $38000 car. He did not over pay for the car. In fact he set his own price since the car was offered at no reserve.
In addition I clearly stated in the ad copy: NO warranty is offered or implied and vehicle is sold AS IS.
I don't think I should return his money, am I right? Can he sue and win?
I live in Pennsylvania.
I recently sold a car on eBAY to someone in California. He claims that I grossly misrepresented the car and wants all his money back or he will sue me for fraud.
Here are the brief facts: Car- 1967 Firebird Convertible. Listed on eBAY for 7 days at no reserve. My ad copy listed the car first by stating the options, then by description. I sated in the ad that I had purchased the car "to restore" but a life change forced me to sell. The car sold for $13200. it was eBAY item number 2488367579, if you want to check it out.
The winning bidder called me and we had a LENGHTHY conversation about the condition of the car. I was surprised that he had not E mailed me with any questions about the car during the action. After all I answered 65 or 70 E mails! In any event I described the car to the best of my ability, told him of how I bought it, what concerns I had then and how I had planned to restore it. After a couple of conversations he wired the money.
I drove the car to the shipping site, took more pictures of it before loading and overnighted the title and other documentation as agreed.
Now he recieves the car, hated it, tells me that his mechanics checked out, it is a totally irreparable wreck and wants his money back. He said that in may ad copy I described the car as beautiful and stunning and needed only minor issues resolved. He is right . The car is beautiful! It looks AT LEAST as good as the pictures posted. I also stated I bought the car to restore. I stated in the ad all of the things I did to the car since I purchased it. He says my ad is misleading and that I did not disclose the problems.
I suppose in retrospect the ad was somewhat vague. Many of the interested parties E mailed their inquiries . I never said the car was restored, in fact I described it as a "survivor" and in very good condition for an old car. That is very true! Everyone that ever saw the car stopped to offer favorable comments. Casual observers thought it to be restored. It looks that good.
I told him of the various flaws that I knew about and that the paint looked excellent from 20 ft away but that he would find some flaws if he really looked for them. The truth is that I fully described the car to the best of my ability to him during our phone conversation and was 100% truthfull. He only sent payment after totally discussing the condition of the car. He never inspected the car, or had someone do it for him. He didnt even E mail me any questions about the car until he bought it.
According to the NADA value guide the car is worth from $13000 to a $38000 car. He did not over pay for the car. In fact he set his own price since the car was offered at no reserve.
In addition I clearly stated in the ad copy: NO warranty is offered or implied and vehicle is sold AS IS.
I don't think I should return his money, am I right? Can he sue and win?
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