need help with a buyer who is claiming i sold him junk

well now he bumped it up to a paypal claim...i just emailed paypal stating my case and bringing up the signed bill of sale and making it a point to mention that i drove the car onto the car hauler. So we'll see what happens here shortly.

 

One of the best things you could have done, Paypal only has their best interest in mind. Good luck!

 

Bottom line - "He bought a used, 40+ year old car off Ebay, sight unseen for $2300 that he knew need work to be roadworthy"

I might mention that to Paypal if it gets that far. Lets quit focusing on the battery. Why someone from the West coast would buy a 40 year old North Eastern car is beyond me, but he's lucky he didn't get a complete rot box with pop riveted floors. I think a battery and the car running rough is the least of their worries in a 1960s project car.

I would just wait and see what happens. I think you've done your part. Sometimes being too nice actually works against you. Must buyers would have told the guy to f&* off by now.

Hope things work out for you. Keep all correspondence on the transaction to be safe.

 

I have sold 1/2 dozen cars off of Hotrod Hotline in the last few years. We always take pictures of the car as it is going into the hauler, and after it is parked. I also make sure they use some kind of protection when they strap the ch***is down by the chrome axle or bars. I will not release a car to a carrier with an open trailer. I make this very clear to the buyer. We also try to make sure the battery is good and the car runs and starts. I also have battery shutoff switchs on every car we build and tape a sign to the windshield telling them to make sure the switch is off during transport. I don't use Paypal just bank wire transfers. We do everything we can to make sure the buyer has a good experience.

 

What can you buy for $2300.00???? Not much! I would stay away from paypal when selling a vehicle.

 

Here's 2cents worth from me. I like the idea of offering a refund if he ships it back and it p***es your inspection but first get a lawyer to write THAT into a contract that you can live with (he pays for lawyer and he pays for return shipping) if he won't go for that, then... end of story.

In the any similiar situation in the future I'd say... 'it needs a battery if you pay for one I'll put it in'.

I once shipped a car like that on the cheap (open hauler) and when it arrived the hood was gone. It was a really nice hood and hard to find a replacement. The driver said he saw something fly off about a thousand miles back and said 'not his problem'. (the shipping contract agreed with him) I contacted the guy who prepped it for ship and he said he put a bungy-cord over the hood to hold it... sheesh, what a pinhead. bottom line was that I learned a lesson and needed to find a new hood. s**t happens.

 

If you buy an old car, you get an old car. If you buy something sight unseen, you ***ume the risks. If you expect a warranty, you should buy things that come with warranties. This Buyer ***umed all the risks that he is now "suffering" and the Seller has no legal obligation to do more. (He should also quit stressing over it.)

 

heres where im at as of now, he has stepped up from a dispute to a claim now. I have emailed paypal stating my side of the story also mentioning the signed bill of sale that both parties signed. Also stating the fact that when the car left here it was in good running/driving condition, and what the new owner and the semi-driver did to the car is beyond my control. I have no way of knowing what they messed with or touched. I also have pics of the car driving, along with video of it running...not to mention the countless number of people who have rode in it with me or who have seen it around town.
I feel that I should not have to offer a refund to this ***hole, for two simple reasons. 1- I sold him the car in the condition i told him it was in, a running/driving car, now that he ****ed it up that is not my fault and i really dont want to fix his mistakes let alone try and find them.
2- I sold the car for a reason, i have another project that is waiting and i need the space. I dont want two cars again.

 

Too bad. I think you may get hung up on the "good running, good driving" part, as by your admission it wasn't really road worthy. That may or may not make a difference. If I were you, and I knew an attorney, I'd be contacting them. I got tangled up in a similar deal on a sale of a vintage travel trailer, and finally had my sister, who IS an attorney (and a fairly nasty one at that ) deal with the guy. Did you pull the money from your paypal account? Last I knew, paypal could freeze an account. I did it to a guy I bought some wheels from who didn't send them.

No offense, but this board is NOT the place to turn to for legal advice or contract disputes. It's great for spouting off, but that's it.

Edit: oh, missed your post a few back where you state you'd transfered the funds out and closed the account. I'd contact an attorney, take ALL your copies of all your communication with the buyer, emails, sales agreement, and the ebay ad copy, stop answering his emails and phone calls, let the atty. take over. You'll be able to sleep at night.

 

when did i say it wasn't roadworthy? all i said was it needed a new battery, and the buyer knew this the whole time. When the car was here it was roadworthy, i had no problems with it. It isn't until it got THERE that it became un-roadworthy

 

I'm not ragg'n on you. It wouldn't start. That's not road worthy, whether you and the buyer discussed it or not. If you have a sales agreement that states the battery is bad, or the tires are shot, etc. etc., you're golden. If all you have is an ebay ad describing a "good running, good driving car", you're hosed. That's why you need to consult an atty., who won't be emotional about it, isn't in love with the car, and has no personal interest in the deal. Aside from a couple hundred bucks from you to eliminate a headache, that is...

 

i have a sales agreement stating the car is "as-is" condition with "no expressed warranties"

 

make sure you send a copy to Pay-up-****er..oops i ment pay-pal
because in most states that is all you need to get it thrown out of court.

in this i mean ,, let them know there was an agreement..and that if pushed you will go legal

just another re-inforcement as to why i dont do anything with e-bay or pay-pal..but thats a story for another day..and definetly not on here

 

maybe someone should offer the guy $1000 for that old junk car..lol..i think the guy got a dael at $2300, the trip on the back of the truck could of shaken some **** loose in the tank or carb, someone will buy that car cheep now, if you talking to the guy again tell about this thread.

 

that is exaclty what i told him, the bumpy ride on the back of a semi doing 120 mph (yeah, thats how fast the driver said he drives his rig) will knock **** loose and could pop fuses, god knows what else. But like i said he doesn't want to hear it or accept any help...**** it could just be the thermostat is stuck or they really ****ed with the timing. I have no clue

 

I hate to say it but ebay and paypal are buyer freindly !

 

I don't see why you will lose this claim. The buyer has some remorse and is trying to screw you over. Don't refund a dime.

 

Good luck winning with PP!! the *******s seem to side with the buyer no matter how much proof you have to the contrary. it is all about the buyer now on egay now!!

 

my girlfriend works for a law firm, and if worst comes to worst then i guess ill seek his advice

 

OK so the deal was not done thru ebay, it was struck outside of ebay and i closed the auction early after accepting his offer of $2100. The only thing paypal has to do with it is that those are the means he used to transfer the money to me. Other then that this deal was no different then buying a car from some guy off of the street

 

id tell that dumb *** to go pound sand then.

 

In a used car sale there is no such thing as an 'implied' warrant

Always, absent a specific disclaimer.
Frequently, even that fails if "the buyer didn't agree to it", meaning it wasn't in the contract and executed by both parties as an acknowledgment. Merely writing in in the ad as a disclaimer isn't strong enough.

The implied warranty is the same concept as any other commercial sale: the thing must be capable of doing what it was made to do (toasters make toast, buckets hold water) - it's thousands of years old (a dead horse can't do any work).

 

Repeat after me>>>have a local hamb member help him check it out<<<<<<<<<<<<<<<<<<

 

This thread is pure BS... Punkabilly, you sold him a solid ride with a lot of positive potential at a very fair price. The obligation was his to make sure it was what he wanted before he spent the money... Not yours to make him happy once buyers remorse sets in.

 

Demanding money with menaces . You should have said" my lawyer costs $600 per hour ,you gonna play in that league or are you going to prove there is a problem in court?, if not leave because i am about to call the police and tell them that you have threatened us" .
Never play the game to their rules folks that why laws were devised, to keep the s*** on the bottom of the pond where it belongs.

 

So just for kicks lets look at the other side of the coin... you ****ed the guy and now your here looking for help so you dont loose any money or get the vehicle back ? ya i know sounds like im being an *** right but there are all kind of scams these days ...
Just thinking
Dave

 

Getting cheap advice is as bad as no advice. Stump up the dollars for a proper appaisal of the case ,But only if paypal become beligerent or the buyer gets nasty. What do you know about the buyer BTW? Is it a kid,a dummy or a dealer out to screw you ? It's an old story for sure and a variation on the other thread here where the seller sold a trailer and the buyer went and stopped the check.

Same scam different approach.

 

Bob's not like that, I can vouch for him there. Others I can't speak for, it does happen, but not Bob. He sold a $2100 car for $2100, no fault there IMO.

 

thats what i like to hear but i did have to say it... had to be done..
Dave

 

could be the guy likes the car, would love to keep it, and it only took one look from his wife and a "i'm not getting in that piece of ****, and its not sitting in our driveway, get rid of it now" just a thought, not everyone can see the beauty of an old car.