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OT Ebay auction - can this guy sue me?

Discussion in 'The Hokey Ass Message Board' started by Rob Paul, Dec 15, 2005.

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  1. Rob Paul
    Joined: Nov 11, 2005
    Posts: 1,272

    Rob Paul
    Member

    Is there any way to state that the description was inaccurate by saying the frame was 34, and this rod shop says that it is a 32 front section? He says that it is inoperable on the condition he got it because its unsafe. This sounds like the rod shop talking, not to mention its in california. I built it in WI. He paid 12 grand for this truck, and its not a bad deal in my opinion, because running driving rods like this fetch more than this all the time. Well see what happens.
     
  2. SuperFleye
    Joined: Jul 17, 2005
    Posts: 2,054

    SuperFleye
    Alliance Vendor

    Got any pictures of it, got kinda curious...
     
  3. Rob Paul
    Joined: Nov 11, 2005
    Posts: 1,272

    Rob Paul
    Member

    Ill post pics, but i cant resize them.
     
  4. volken65
    Joined: Mar 14, 2003
    Posts: 109

    volken65
    Member

    Post a link to your auction...

    I agree with giving him his money back and having him send it back. In the same condition he recieved it in, that is. If he has 12g's for a ratrod, he probably has money for a high$$$ california lawyer...
     
  5. FORDY 6
    Joined: Oct 8, 2002
    Posts: 1,562

    FORDY 6
    Member

    10K to get it right? Sounds like the typical car dealer repair shop...find more things wrong to jack the price up.

    Can't this dumb ass work on the truck himself...maybe he should invest some that 10K on some tools.
     
  6. 48fordnut
    Joined: Nov 4, 2005
    Posts: 4,215

    48fordnut
    Member Emeritus

    send him a post that you are going to sue Him:eek: !The best defense is a good offense.
     
  7. Smokin Joe
    Joined: Mar 19, 2002
    Posts: 3,770

    Smokin Joe
    Member

    Unfortunatly what you see here is typical of the rod BUYER types. He probably has a golfing buddy lawyer who advises him to have these things checked out when he buys them. Don't worry about it. His lawer buddy will tell him it isn't worth fighting it 2000 miles away if you don't feel guilty and agree to pay for something that wasn't your fault.

    As for the rod shop, they have to cover their liability in today's world.
    20 years ago you'd take a car to get new tires and they'd give you a list of bad shocks, muffler wearing out, needs U-joints, brakes, etc. Back then it was an asshole drumming up business. Today, if they DON'T replace everything within 30 feet of the vehicle they stand a chance of being sued for not fixing it or bringing it to your attention in writing. Times change.
     
  8. The37Kid
    Joined: Apr 30, 2004
    Posts: 31,715

    The37Kid
    Member

    12 GRAND, how many guys reading this have 12 GRAND to spend? How many with that 12 GRAND would spend it on anything signt unseen? I'm behind the seller, just amazed that people have that kind of money to spend on photos and a discription, and have the balls to complain after the item arrived. I agree the shop looking at it just covering their ass while making a good buck off the buyer.
     
  9. TRUCKRODDER
    Joined: May 29, 2005
    Posts: 329

    TRUCKRODDER
    Member

    My Grandfather bought , sold and traded cars all his life . I remember he had a 78 Vette we had taken to a swap meet to sell , this guy looked it over real good at the swap meet and got his number. The next weekend he called and wanted to work out a trade . We met up with him that Saturday and traded him for a really nice restorod 65 Chevy truck and cash. A week later he calls my Grandfather threatening to come down and whoop his a@# if he did not take the Vette back, and of course I called him and offered to meet up with him myself since Grandad was 75 and he was in his 40's. This guy was pissed off because the seats were worn out , on an unrestored Vette with 80,000 or so miles geez!:rolleyes: Well to make a long story short Grandad just went down to his lawyer and had him write him a nasty certified letter , no more problems , cost around $100.00.:)
     
  10. breeder
    Joined: Jul 13, 2005
    Posts: 10,948

    breeder
    Member Emeritus

    just
     
  11. breeder
    Joined: Jul 13, 2005
    Posts: 10,948

    breeder
    Member Emeritus

    just be calm.... get your truck back , give him the money, then beat him with a drilled axle...fking yuppies
     
  12. Squablow
    Joined: Apr 26, 2005
    Posts: 17,803

    Squablow
    Member

    I wouldn't worry about the frame years, as it was titled as a '91 reconstructed vehicle. If it was titled as a 32 or 34 maybe they could bitch.

    As-is has a lot of power, but so does the fact that someone came and picked up the truck. As soon as that truck left your place, he had accepted the truck, it was considered in his custody when his shipping agent picked it up.

    If you get one negative feedback, big deal. I've got over 1200 feedbacks and I've gotten a few negs already, always from some douchebag who doesn't know any better. A few times when I fucked up, people called me on it and we worked it out. Those people never leave a negative, only the people who just don't know any better.

    eBay's system is going to work just like everyone's suggestions. Either eBay will find in your favor and tell the guy he has no recourse, or they'll tell him to return the item to the seller and shipping will be on his tab.

    My suggestions to you, if he wants you to send him some money back and keep the truck, don't do it, you'll only be screwing yourself. But keep the 12K handy as long as you can, because if he decides to ship it back to you and wants a refund on the truck minus the shipping, give it to him right away and resell the truck.

    Also, you can email pics to me if you'd like me to resize your pics for you. Let me know and I'll PM you my email address.
     
  13. 50flathead
    Joined: Mar 8, 2005
    Posts: 1,166

    50flathead
    Member
    from Iowa, USA

    Selling cars is a lot like breaking up with a girlfriend. It's always best if they go far, far away never to be heard from again. Ahh freedom.:rolleyes:
     
  14. which "rod shop"?
     
  15. Django
    Joined: Nov 15, 2002
    Posts: 10,198

    Django
    Member
    from Chicago

    All of this is verbal masterbation unless you show us your auction and we can see EXACTLY what the description said and what the pics show.
     
  16. abonecoupe31
    Joined: Aug 11, 2005
    Posts: 696

    abonecoupe31
    Member
    from Michigan

    You have what's called here in Michigan, where I live, a "casual sale"...

    you're not a dealer, you didn't give any guarantees or waranties whatsoever.

    You can't give a waranty....you're not in the business of buying and selling automobiles.

    He bought it "as is, where is"

    I take it his check cleared, or he paid cash, so as not to put you in a position where your money is held up.

    Anyone who buys an old Hot Rod knowingly does so because it's a collector's item. Nothing more, nothing less.

    It's amazing what is under the welds, coats of paint, etc.

    So it's a case of buyer beware.

    and a lot of miles and owners have gone under the bridge since the 30's..anything wrong you may find is a possibility.

    I wouldn't worry about the negative feedback. I've bought items on ebay and never received the merchandise. I won't sell on ebay or buy on ebay because of that bad taste in my mouth.

    Simply respond to the negative comments like you did here.

    But it was only on Harley parts for an old bike I was restoring.

    So I guess you have to consider the source from where you buy.

    A deal is a deal. He really has no legal recourse. (I ran this past my attorney...)

    And he'll have to sue you in the court in your hometown, not his.

    And as for hiring an attorney, if he tries to sue, and you will win, just ask the judge to award you your attorney's fees.

    But if you want to refund the money, do so, but have him return it in the same condition it was in when it left your place.

    Now for some Early Ford Truck history.

    For your information, all 32 frames are the same, commercial and passenger car...but the frame on the commercials are heavier guage....just remember to look for the distictive "bead" on the frame where the front fenders bolt on...

    33 and 34 frames are the same. and it doesn't have the aforementioned "bead" stamped into the frame rails...

    32 cabs are unique, they have the same firewall that the passenger cars have. They are a separarate part....not welded to the cab. gasket goes in between the two.

    33 cabs are the same as the 32, but they have a different style firewall than 32 and it's integral with the cab--welded in....

    Firewall wise, the 34 is the same as 33, but it has an additional bead at the rear of the cab...that the 32 and 33 model years don't have. Look at the back panel.

    I can pick them out by looking at it. Read up in the restorer's pubs....that's where I learned...and from hanging out with the "geezers" when I was a kid, trying to restore an early 30 Ford coupe...

    as far as "what year is it?"--I think the reconstructed title says it all...1991 constructed.

    It's not the Holy Grail, it's merely someone's old Hot Rod....who cares what year the front and rear of the frame are...

    Personally speaking, this new owner is too "anal" to be getting into the Hot Rod Hobby...maybe he should take up stamp collecting....

    'nuff said.

    my 2 cents worth.

    Mark aka Abonecoupe31
     
  17. breeder
    Joined: Jul 13, 2005
    Posts: 10,948

    breeder
    Member Emeritus

    startin to wonder here... no responses from threader??? im with you , till theres a link or photos, or anything , i have to wonder:confused:
     
  18. enjenjo
    Joined: Mar 2, 2001
    Posts: 2,727

    enjenjo
    Member
    from swanton oh

    FWIW, anyone can sue you for anything. Winning is a whole 'nuther story.
     
  19. krooser
    Joined: Jul 25, 2004
    Posts: 4,584

    krooser
    Member

    If he sues you, he has to sue you in a Wisconsin court, hire a Wisconsin lawyer, travel to Wisconsin for the hearings and trial....Lotta money to get his $$$ back...anybody can sue you...whether they collect is another matter.

    I'd sleep pretty good tonite if I were you.
     
  20. Rob Paul
    Joined: Nov 11, 2005
    Posts: 1,272

    Rob Paul
    Member

  21. breeder
    Joined: Jul 13, 2005
    Posts: 10,948

    breeder
    Member Emeritus

  22. Django
    Joined: Nov 15, 2002
    Posts: 10,198

    Django
    Member
    from Chicago

    Looks pretty well written to me.

    Should he sue you? No. The truck is what is is and is clearly stated. It's not a $50,000 lawnchair transporter.

    Could he sue you? Probably, cause people can't stand to admit that they fucked up sometimes.
     
  23. breeder
    Joined: Jul 13, 2005
    Posts: 10,948

    breeder
    Member Emeritus

    here here.. i hope your builing something that kool again as we speak... nice ride poorboy.. sorry i was gettin doubts earlier...... breeder
     
  24. endlssumr
    Joined: Oct 14, 2005
    Posts: 56

    endlssumr
    Member
    from San Diego

  25. Rat L. Can
    Joined: Feb 21, 2005
    Posts: 131

    Rat L. Can
    Member
    from Indy

    Your buyer got a fair deal at a fair price, given today's market.

    Hold your ground.
     
  26. breeder
    Joined: Jul 13, 2005
    Posts: 10,948

    breeder
    Member Emeritus

    yes...go on......
     
  27. attitudor
    Joined: Sep 28, 2004
    Posts: 3,122

    attitudor
    Member
    from Finland

    That is one hell nice truck and this is what ad says: Keep in mind this is sold as is and the fact that all the parts involved are solid they are also very old. Just be sure you save that auction to your computer and also print it out, just in case. Good luck and don't worry!
     
  28. Rob Paul
    Joined: Nov 11, 2005
    Posts: 1,272

    Rob Paul
    Member

    intrested in whoever saw it. speak up you wont hurt my feelings
     
  29. breeder
    Joined: Jul 13, 2005
    Posts: 10,948

    breeder
    Member Emeritus

    well, were waitin.......:confused:
     
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