OT Ebay auction - can this guy sue me?

Update for all intrested parties.

His last email said he filed a complaint with ebay saying that it was grossly misrepresented. Not the year posted, damage to frame, two different year frames, fuel and brake lines leak making it unsafe to drive.

This is what he told ebay claims!!!

I responded and said that if he wanted to send it back we could talk refund. Also said that if he didnt want it, sell it there will be no problem finding buyers. Told him the shop was covering their ass and could find 10 K worth of work on any rod. The whole this part that part thing dosent really matter because its titled as a 1991 reconstructed vehicle.

I didnt say anything about the "leaking lines", but his shipper that picked it up did an inspection and recorded that there were no leaks. Not much he could say to that, but I didnt want to slam that in his face yet. I was polite in the email, and havent heard anything from him in 3 days. He could be preparing his "legal Case" but Im guessing that he has come to terms with the whole thing. Hopefully he will just relax and enjoy the thing.

• Im sure he will contact me agian and I probably wont be as nice,but Ill keep you posted. Thanks for all the advice too!!!!!!!

 

BTT UPDATE

 

copy all your info off of ebay (in regards to communications with the buyer.)

also, get the name and number of the shop he took it too. if so have you called them...

 

everyone should go to the link and email this dick...tell him whatya think....just a thought sorry to here that its gettin shitty for ya poorboy

 

I agree with that!!

 

The buyer's id is "donorbone".

His only bid on the truck was placed 4 minutes before the auction ended, nice snipe!

His last purchase on ebay was a fanny pack for his new harley, wonder if that's his first bike.

Interesting.

 

outragoues moron donorbone seem to be, whats wrong with people

sure doens't look to be anything wrong with that car, if i had bought it i would be all happy and think i got a cool hotrod for a real good price, heck 12300 dollars for that is well spent money...

sadest thing is that that cool car is in the hands of an crybaby
(no disrespect to Johnny depp what soever...)

 

donorbone...gooberbone. shit bag got what he deserved for sniping the auction. i still think that guy is getting raped by his "shop" though

 

feel free to send him a nice hello. Nothing mean but he did get a fair deal and needs to realize that.

 

Might be time for a lawyer, or at least find a friendly cop and go over it with him - the guy is basically trying to extort you. Better print up all his e-mails and the auction listing if you didn't already, also.

Sad thing is this is normal eBay behavior. They harass you as much as they can hoping you will pay them to go away.


Maybe someone who lives close to this guy can pay him a visit and ask him nicely what his problem is, too. I bet if someone went over who was obviously Italian, wearing a suit, it might make him think it over again too.

 

And the cops have done NOTHING, I'm sure. If he actually has filed a report, simply show the investigating officer your auction where it says AS IS and show him a copy of the email where you offered to refund his money as soon as he gives back the truck. There is no crime or legitimate lawsuit here. Let him make any moves and quit corresponding with him unless he just says "the truck is heading back to you". I've been there where guys overspend. Ebay offers inspection services as well as he can buy private ones. This is on him. He bought something sight unseen and HOPED it was better then it was. Fairly common on EBay. If everything you said in your auction is legit, then don't sweat it. If you describe the car with "new black paint", even if it is shitty new black paint, or has runs or whatever, you are ok. If you describe it as "new black paint" and it is blue, then you have an issue.

 

Is the truck still at that shop at this time?

I wonder if the guy is working on it or sitting on it at this point?

 

id be willing to put a small wager on this guy already sold it and took a 3k loss on it

 

Give him his money back, if somone wants to be a dickhead and have nothing better to do, its like a hobby to some people, to get cars for free or get paid to have them restored by sueing....

I know a guy who sold corvette, the new owner sent the car to a corvette snob resto shop, they pulled the body from the frame, the frame was scaley UNDER where the body sat. The seller is almost at $20k defending himself while the other sides attorneys want like $90k, for like a $12k car...

anyone can sue, even is the lawsuit is complete Bullshit....

 

Give him his money back, if somone wants to be a dickhead and have nothing better to do, its like a hobby to some people, to get cars for free or get paid to have them restored by sueing....

I know a guy who sold corvette, the new owner sent the car to a corvette snob resto shop, they pulled the body from the frame, the frame was scaley UNDER where the body sat. The seller is almost at $20k defending himself while the other sides attorneys want like $90k, for like a $12k car...

anyone can sue, even is the lawsuit is complete Bullshit....

 

Give the guy a link to the HAMB. He introduces himself as a noob rodder & lists all the problems he has with the truck. The HAMB community gives him the tech advice & support to straighten everything out himself. The guy learns & feels all warm-n-fuzzy about his ride.

That's how it would go down in my perfect world.

 

Tell him to shove it up his ass. Answer his bullshit by "leaving him to his proofs". Your ass is covered.

 

what he said.... wouldnt that be great... sounds to me like he wanted a boyd ride but couldnt afford one. so he thought he'd start a new trend in his burb and go slumbing.... what a jerk... i hope he gets his in the long run....2 cents.....

 

poorboy -

Don't lose too much sleep over this deal until he actually makes a move.

#1 - your in the right and he's wrong, he won't be able to justify his own risk of suing you

#2 - he's just posturing, if he was serious you'd get a certified demand letter and a lawsuit - not bs. serious people don't bullshit around with idle threats, they come out swingin and make a move.

just for fun it'd be nice if someone got ahold of his e-mail and posted it here............ he needs his attitude addressed by decent hot rodders before he continues to threaten to sue everyone in sight.

What ever you do be firm............ he'll keep spouting off and harrassing you if he senses that you'll get scared and give in. Politely tell him what your willing to do once, then tell him to take it or leave it period - end of fuckin story no more bullshittin about it. Eventually he'll see that you're not wearing your 'sucker' hat today and he'll find someone else to screw with.

Spend your time on your next project......... that was a nice little truck.

 

im in the middle of something like this right now at our shop,this guy buys this jeep that is sold as the best thing on wheels all pro built nothing wrong with anything perfect in everyway,best of the best...bla bla bla.the jeep is fair at best.most of the "heavy duty custom parts" arent mush better than what it came with.the guy paid $18000 for a $8000 jeep the lawyers are involved cause it was misrepresented or what ever $50 word they are using...we went over the e-bay listing and are checking the parts with the ad.about 75% of what the guy said is false..the damn thing wont even steer and the tires keep going flat,and ive never heard it run.... from a shop side of this we have to really look things over ,we have to cover our ass ,i pick them apart if need be..id rather piss someone off than have someone sue me cause i said the rig was OK .we charge $25 to look one over if they buy it and have us fix what ever might be wrong we take the $25 off the repair bill.we dont waste our time and they get a pro opinion...it works for us

 

I saw your truck when it first ran on ebay. It looks nice and the description doesn't sound misleading at all. This guy must be a grade "A" dick to be start stuff like this when he's the one who asked NO questions before hand and then sniped it at the end.


Nik

 

I agree with Nik, but I just looked at the listing a few minutes ago. What I find interesting is the guy seemed to be happy with the truck, long enough after he bought it, to leave positive feedback. The auction ended on Nov. 8th and he left positive feedback on Dec. 7th. So, he was happy for almost a month, what happened? If he received the truck, and it wasn't like he wanted, he wouldn't have left positive feedback.

 

Once you make the offer to take the truck back then he cannot do ANYTHING, no lawyers, etc etc..

Call his bluff chances are he will think about it, think about all the money and time it takes to have the truck shipped and most likley he will back the fuck off.


If you do not offer to take the truck back he CAN sue you, even if its totally frivolous.


Again i know a guy who has been going to court for 3 years! with a case that has gotten no where and the other sides lawyers are trying to get him to pay almost $90,000!, NINETY THOUSAND DOLLARS! did you hear what i just said?

All this over a $12k car that was inspected and deemed ok by a corvette expert when it left his shop.

Its your call, but call his bluff and see what happens atleast you will be able to sleep at night, cause you never know what scumbag will try to serve you papers. again alot of people do this sort of thing as a living.

 

No offence to the shop owners here.....But a real hot rodder doesn't take his rod to a shop......

Tell him to bite the big one...............in a nice way of course.

 

Several years ago I sold a 60 bug eye sprite to, pardon the expression, a lawyer. Told him the engine was just overhauled and to take it easy. He picked up the car, signed a receipt that said "AS IS". took off and blew the engine about 200 miles away. He hassled me for 6 months with all kinds of legaleese but my att. told him to stick it and we never heard from him again.
best of luck with this dodo.

 

Yes anyone can sue you that's true but "You can accuse the Bishop of Boston of Bastrady but it's another thing to prove it" to quote Henny Youngman

 

Been through this a few times my self. I would not worry

1) Make sure your professional with the emails when corresponding to him (As if a judge is going to read them)

2) Keep offering solutions to resolve the situation, anything but giving the fvck head money.

Offer to give him a refund if the DH ships it back. Even offer a couple hundred to help for shipping cost. This goes a long ways in the judge’s eyes

Basically the judge wants proof that you are making all reasonable efforts for a solution.

3) Furthermore, there’s always the jurisdiction/venue problem. You are up creek depending on the amount, and the local county laws. Bluffing is a powerful tool, Tell the A$$ since the purchase was made in your county he will have to file in your venue per your attorney. In my county 1k and under would be in the Buyers County over 1k would be in the sellers county.

I’ve seen a judge reward 8k back to the buyers of a Suburban that the engine grenade 2 weeks later. All because the buyer kept the 2-line newspaper cutout with the magic key word “good condition”.

The ad did also say AS IS, According to the judge a vehicle in good condition should not last 2 weeks.

I read your ad, and from what I’ve seen your all in the right, as long as you were honest and not promising a car from from the Smithsonian.

If he does sue, just right a letter to the judge, and most likely the judge will toss it out with a good laugh as soon as he realizes that it’s an old hotrod.

 

I'm no expert on Ebay transactions, and have never sold through them. My opinion after reading all the posts and thinking of all the hell (both mentally and monatary) the legal system can put one through. I think I would fly back to where the car is, refund his money, and drive it back home and never sell on Ebay again. If he has the right connections you could be in for a bumpy ride. Good Luck, and please post how the final outcome turned out. Rod

 

I'm no lawyer but this sounds like EXTORTION to me. I'd go to the cops myself with this one.

 

Aloha,

Thanks to David, for sending me this link, I love fiction! Two sides to every story, so here's mine. Sueing Rob was never brought up. This is his fantasy to get your sympathy. Why is he so scared if he did nothing wrong? Guilty Conscience? He only offered to re-buy it after ebay requested that the local WI Police & the FBI Online Fraud Dept. be contacted because I complained that the truck had a '32 frame, not a '34 as described by Rob in his auction. Rob said BS it's a '34 1/2 truck frame, experts say otherwise, read on...

I bought it for my son. He's serving our country, Army Ranger, injured in the line of duty, the aneurysm, from a blow to the head in combat, after I purchased the truck and just before Thanksgiving. I sold it because our lovely, caring military is denying his medical claim. How many of you are VETS & know that drill and would do the same cause you need the cash? I didn't freak, have buyers remorse or any other thing you guys can come up with. I know how to work on cars, I built a '64 Elky, '71 Landcruiser, '57 Chevy, 2 Camaros, a Blazer, '38 Chevy Master Deluxe, it was there & I didn't have the time. Original plan, my son was coming home for Christmas.

I'm not the rich asshole you all said I was. Not everyone in Hawaii is rich. I worked my ass off 14 hours a day, 6-7 days a week, for 10 years to get here. His mother & I now have to bring home a brain damaged child, care for him, etc...He's 19, but he's still my child. This was our dream.

I sold it on ebay, yes. Described to you as it was to me, a 1934 Ford Hot Rat Rod Pickup Truck. I corrected Rob's mistakes, ommitions and poor choice of words. It was not exact, word for word. Reading his post today is the 1st time I heard it was repo'd. Thanks for being honest Rob! No wonder you are worried and whining to your buds.

His words were useful because I didn't have the truck here to see it and help me describe it as I wrote the auction out. My mistake! I'm sure we can all fully describe OUR cars from memory, but this was not mine, I didn't build it and only saw it once in person.

I sent it the shop, insurance required an appraissal. Shop owner has 41 years experience as an appraiser & builder. He has even won the Ridler Award & no it was not Boyd. Sure that doesn't impress some of you, but that's your opinion.

I would never give my child a vehicle that didn't have seat belts, turn signals and a horn and besides, they are requred by law in this state. So I thought while it's in the shop, they could install them and a dash & gauges I bought for it because the one's in it didn't work. I even had the brakes checked. Wow, what a fucking crime! Rob said he replaced everything and all 4 corners were bad, leaking and in need of replacement. I didn't have the time to do it myself and he was coming home for Christmas.

Truck arrived, did not run as advertised. And by the way, I did request an independent inspection, at my cost, before the auctioned closed and was refused. I asked for pics, rec'd them and asked that items be corrected before funds change hands. I was assured that they would be and they were not! 4 spark plugs were somehow mysteriously broken off at the head??? Had to repair that just to get it started, that cost me $500 cause I wasn't there to do it myself.

No keys, wrong VIN plates attached to body and frame by Rob, he even sent me new ones, etc...You starting to see the picture? Refused Escrow Company to close deal and no wire transfers. It was his way or no way. Offered to fly out, 4000 miles and he was all of a sudden "out of town" when I mentioned my brother was coming along.

So, I paid for it and sent it to a friends in San Diego. He's not the rip off artist you all claim he is!!! Safety is and should always be the concern. Would you give your child, no matter how old they are, a vehicle that is obviously unsafe??? I don't think so.

I left Positive Feedback before I saw it in person, again, my mistake!

Read all your posts, thank you, enjoyed them all! No bluffs, no lawyers, no judges, no litigation, just Rob's imagination and fears. I took responsibility for my actions, made a decision and sold it! I don't waste my time w/lawyers, courts and idle threats that I never made. I'd just show up at your door, eh, RustyNewYorker!!!

I know what "AS-IS" means! And I don't play golf.

Yes, I took a loss on it, my childs health comes before a toy! Would you admit such to a bunch of guys you never met? I doubt it.

Sure I got pissed and told POORBOY off, wouldn't you? But sue or threaten, not my style. I even tried to educate the SOB in Real Estate, no I am not a realtor, so he could get ahead in the world & this is what I get for it?

As for Endlessummer or whatever he calls himself, he was being Swiss, that's neutral guys, protected himself, the shop and the seller so he could save face and stay on here and chat with you all. I'm going to the beach, you enjoy the freezing snow!