My Dad had won a minimotorhome on ebay, he went to Iowa to pick it up today. Anyway, long story short.....the guy from the auction just called my Mom wondering if she had heard from him. He test drove it at 9:00a.m and he left.....never returning. My hunch is , it was a piece of***** and Dad never looked back. This guy owns a lot that sells insurance pool vehicles. He sells em for someone else. If the vehicle is misrepresented, is it still a contract? I say no. Just wondering.....
i THINK that if an item is misrepresented he can get out of it....i would check the ebay home page and check in the safe trading part.......it should mentioned in there..........
I "might" have been a lawyer in a former life (just don't tell anyone)... If you have any questions I would be happy to give you my opinion... just drop me a pm and I'll give you my home number... The short answer is that most likely...NO, it is not a binding contract that would stand up in a court of law. I know that's nothing solid but it's the best I can do without knowing a little more... Like I said if you want to know more drop me a line... Tim
If the item is mis-represented in any way.... You can pull out of the deal... That's the beauty (and beast) of rules and the law,,, you can always bend it to your needs. HC
Thanks...we'll see what happens before we get to that point. He's not even home yet. I figure no one would be crazy enough to spend a bunch of money on legal fees to collect on a 2600 dollar junk motorhome.
LOL, I had to read that over and over again. I thought he stole it because you made it sound like he is still on his test drive! I was going to say ebay is the last of your worries, LOL Satin
[ QUOTE ] LOL, I had to read that over and over again. I thought he stole it because you made it sound like he is still on his test drive! I was going to say ebay is the last of your worries, LOL Satin [/ QUOTE ] Thats what I was thinking too....
Mom said they(Dad and Bro-n-law) are right outside of KC,Mo. right now. Guess I'll know the whole story when he gets here. How far is KC from OKC Ryan? 5 Hours?
[ QUOTE ] Mom said they(Dad and Bro-n-law) are right outside of KC,Mo. right now. Guess I'll know the whole story when he gets here. How far is KC from OKC Ryan? 5 Hours? [/ QUOTE ] Not Ryan but that's about right. Ya want me to feed 'em and send 'em on their way?
[ QUOTE ] [ QUOTE ] Mom said they(Dad and Bro-n-law) are right outside of KC,Mo. right now. Guess I'll know the whole story when he gets here. How far is KC from OKC Ryan? 5 Hours? [/ QUOTE ] Not Ryan but that's about right. Ya want me to feed 'em and send 'em on their way? [/ QUOTE ] Nah, let em go.....don't wanna slow em down.
I don't think it is a binding contract. I bid on and won a 1962 Bel Aire tudor near St.Louis, Mo. During the bidding period, I emailed the seller many times asking details about the car, especially about the amount of rust. I won the auction and drove nearly 5 hours dragging a trailer designing the cr over and over in my mind. When i got there i was so disapointed in the car as it was far worse than I could have imagined. The seller was either very naieve or a gross liar. The drive home with out the car was a long one. I hve never heard another word from the seller nor seen it advertized again. I did buy a car from a guy in Oklyhomie, once. Jim
[ QUOTE ] I don't think it is a binding contract. I bid on and won a 1962 Bel Aire tudor near St.Louis, Mo. During the bidding period, I emailed the seller many times asking details about the car, especially about the amount of rust. I won the auction and drove nearly 5 hours dragging a trailer designing the cr over and over in my mind. When i got there i was so disapointed in the car as it was far worse than I could have imagined. The seller was either very naieve or a gross liar. The drive home with out the car was a long one. I hve never heard another word from the seller nor seen it advertized again. I did buy a car from a guy in Oklyhomie, once. Jim [/ QUOTE ] Jim, Did the guy leave you negative feedback?
I don't think its enforceable as a binding contract. eBay pretty much says it is a venue that brings bidders and sellers together, and the bidders and sellers make their own deal (of course ebay takes their "bites" out of the deal). An example of an auction that would be a binding contract would be an auction for some real estate. If you go to a good old live auction of items or vehicles, you have to register to bid, giving them valid ID. If you win one of the items offered and then tell the cashier that you are not going to pay for it, they may give you a hard time trying to get you to buy it, but there's really not much that they can do, other than put your name on the list of people who are "banned" from registering and bidding on future auctions they run. eBay gives you 3 chances to not pay for an auction, before they can possibly ban you as a registered user (that is if you don't pay for three auctions and the sellers file with eBay for a "Non Paying Bidder Warning" against you). I have known a few people who bid on cars or trucks on ebay without seeing them, and then refused to pay when they saw it in person (due to problems that were not revealed in the auction's description). It's something that is pretty common.
No, he didn't. I never heard another word. I daydreamed about a gasser project all the way there. I suppose he kenw he had not answered the q's honestly. Jim
You should just know that a $2600 motorhome is just that...a $2600 motorhome. Oh and that $2600 would hardly be a downpayment on a new one too. -Jason
California has a 72 hour "buyers remorse" law that lets you back out of even a paid for deal if you get wet feet and I think it covers just about anything short of last Saturday's BigMac. So that would let Californians out I'd think.
If the item was misrepresented, any contract(real or implied) would not be considered binding. At least,not on my planet.
[ QUOTE ] You should just know that a $2600 motorhome is just that...a $2600 motorhome. Oh and that $2600 would hardly be a downpayment on a new one too. -Jason [/ QUOTE ] My dad is definately no newbie. He saw front end damage which is all that was supposeably wrong with it. He's a body man from way back so a 2600 dollar motorhome is not unreasonable. Also, I was an RV mechanic for a few years so I told him the questions to ask. He kept all written correspondence just in case.
He might want to contact E-bay first. Just so in case the seller comes to them, they have the story straight already. Prevents E-bay from putting a reaction on your account.
Sounds just like what happened to me last year. I won a 66 Lincoln out of Arkansas from what was listed as a "Classic Car" dealer. The listing was VERY informative and questions were asked. Drove 9 hours and had problems with two trailers before I got their. Pulled up to this "Classic" dealer and knew I was in for a screwin. He had the 66 along with about 9 early 90's Hondas!! Got out and started checkin the car over. The "little rust around drivers side fender" turned into cancer Phillip-Morris would be proud of. The kicker was when I looked at the frame from under the trunk. It was almost gone! I called it to his attention and about six inches of the*****er crumbled in my hand as I was showing him the area! I told him I would not buy the car because he had not been honest in his listing. He then told me that he didn't own the car and was selling it for an old lady! At this time some other guy came out and stood with him. Now, I had two friends with me that are employed in the same line of work as me. They saw it getting heated and, thinking it funny, wanted to see how I handled it. They quickly moved back to the truck which was parked outside the lot fence! Next thing you know these****holes are trying to strong arm rob me for the $85.00 listing fees they now have! And I do mean rob! They told me that they weren't gonna let me leave until I gave them the money! I asked them if they were robbing me and they just looked at me and smiled! Now I don't always like my job and I distance myself from it as much as I can when not at work. However that day I was really glad of my employers furnished tools! I raised my shirt displaying my shield and pistol and told them they better*****ing get with it then! Man you should have seen their faces! They didn't say another word! No cop ego man just another reason you all should be allowed to carry if you want. (and aren't a turd) They sent emails threatening me with legal action even claiming that his wife's father was an Arkansas Senator! Swore they were gonna come to Tulsa and file small claims to get their money. End result = I lost my day off and about a $100.00 in expenses. They didn't leave negative feedback I think because I would have done the same to them. Could they have filed in small claims yes. Would I have won, yes. But here's one of those gray areas with this internet stuff. Did the alleged contract violation occur in Oklahoma or Arkansas? Would either court have heard the case? Could he have filed on me in Arkansas? YES! And I would have had to drive there to defend myself. If you don't show up the plaintiff (read****holes) gets a default judgment against you! Then all they have to do is garnish your check to get the money plus court costs and man that is easy to do. Tell your dad to save and print out the actual auction listing and any emails they may have sent or replied to. He also needs to try and right down times, dates, and conversations of any phone calls while they're still somewhat fresh in his mind. Keep this in a file for future use if needed. Good luck and let us know how this turns out. Also, sorry for this long as post. I don't post very often but this kinda gave me a flash back.
Thanks.....we're on it. Dad is back and he had made notes while inspecting. He said he racked up over 1500 miles on this little adventure....in 2 days.
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