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Need help with misrepresentation

Old Apr 18, 2008 | 10:02 AM
  #1  
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Default Need help with misrepresentation

I have been following these post for some time and I see a lot of horror stories on here.
I have a different problem and would like some guidence of what I can do.
I live in SC and I bought an automobile from a guy in NJ (not a GM) that he had listed on Ebay. He said the vehicle was cancer free and only had surface rust on the hood. I paid for the vehicle with a cashiers chech from my local bank and then contracted a transporter to deliver the car to me. The car arrived on 4/17/08 and it was a disaster. The car has rot in the rockers and lower quarter on both sides, a rust hole in the passenger front fender and there are holes in the trunk that a football would fall through.
He misrepresented the car in the Ebay ad (I printed a copy) and when I called him to talk to him about it he said that he noticed a little rust in the rockers when they were loading the car but thats all, I told him he should have stopped then and called me.
I talked with him again this morning and he said he is willing to pay for the cost of the rockers and thats all. I told him this car is beyond repair and that I want my money back but he said he has several vehicles he has to get rid of and does not have the room for it back.

Can someone advise me of what I can do, you know that Ebay is not going to do anything. Do I have any grounds to get my money back including shipping? Would this be considered internet fraud?
Is there any goverment agentcies that i can contact that will help me, this thing is full of rot.
Please advise.

Thanks in advance,
Wade
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Old Apr 18, 2008 | 03:31 PM
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Unfortunately you are not going to get any help from any agency on this. It is "buyer beware" when it comes to a vehicle or parts listed anywhere on the internet. If you or someone you know did not look at the car before sending payment, you got what you paid for.

The only "if" factor is "if" he sent you at least 10 pictures from all angles of the car first with clear pictures of the VIN tags and the car you got doesn't match up. At that point, you'd most likely have to go to small claims court and see what a judge would say on the matter.
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Old Apr 18, 2008 | 09:43 PM
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Default Misrepresention

Thanks Gearhead, I was afraid of that.

Wade
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Old Apr 18, 2008 | 10:40 PM
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whats the ebay item #?
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Old Apr 20, 2008 | 12:16 AM
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Default Misrepresented car

The Ebay # is 230239490944, look at the write up, no cancer. The car is full of rot on both sides and the trunk has holes in it a footbal would fall through.

Thanks,
Wade
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Old Apr 20, 2008 | 06:32 PM
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I am going through the same thing. I am going to file internet fraud charges, phone local police, and reverse the deposit I made through my credit card. I feel that selling over the internet should shoulder a greater responsibility on the sellers, to stop scaming. I have bought a dozen cars over the net and this is the bad experience.

Not sure if this will accomplish anything, but a huge pain in the a_ _ for the seller. I hope it will leave him wondering if it was worth it.
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Old Apr 21, 2008 | 12:41 AM
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Default Misrepresentation of car

Gently let me know about the internet fraud, I have written the Feds a letter, I also think it may be mail fraud.
Keep us informed.

Wade
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Old Apr 21, 2008 | 11:34 AM
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Just in case this does pan out for you, take pictures LOTS of them right now to coincide with this post date and/or any certified mail or email stamp dates with the seller.

While it may be more time you don't have, write a detailed letter with copies of any documentation to your state attorney general. Most all states have some law you can use for internet transactions where true misrepresentation has taken place.

Originally Posted by midnight1957
Gently let me know about the internet fraud, I have written the Feds a letter, I also think it may be mail fraud.
Keep us informed.

Wade
This does not fall under mail fraud which is why there are reporting agencies for internet transactions.
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