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Am I in EBAY Pergetory?

KLUTZ

Luke Skywalker
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As some of you know, I was high bidder on what was listed as a 1971 MGB on Ebay, Nov. 26.

Ebay # 4592599401 The link does not want to work for some reason.

The car was only 20 minutes from the house and there were a few things I thought I could use from it for the '71 and the GT. It is described as having the restoration begun by the previous owner... Good I thought.... Has had some work done to it. It looked a little rough in the pictures he posted, but appeared to be sanded down with bondo on places. So, I had my son put in a low bid. Well, it seems the owner dropped his reserve, and I was right at it. (fine, he can do that). I was going to drop over and take a look at the car on Thursday, but a major snow storm came up and it was not possible. I ended up the high bidder and contacted the seller that I would come over yesterday, (Sunday) afternoon to take a look at it. Of course.. Freezing rain, but got there. He took me to the lot next door to his house where there were two big buildings. I thought, great.. stored in a there. But... NO.... he took me over in between the buildings. There was an old Volvo, and the MGB half covered with a blanket and full of snow. He told me that the wind from the storm had blown the "Tarp" off of the car and that is why it was full of snow. I was not impressed. After looking over this :'71 B, I noticed it was a split bumper car, and the front grill was from a pre '70 car. I looked at the VIN on the dash, and it IS a '70, not a '71 like I bid on and was listed as. I told him that and he asked if that would be a problem. He also said the title said '71. I told him I didn't know right then. Anything that was salvageable in the inside of the car was covered in snow, and the rain comming down did not help either. The Carb that looked like a Weber Carb. in the pictures was in fact a Solex Carb, not that he listed it as a Weber though. I think it was from the old Volvo sitting beside it. (it had dual SU's on it) The engine is a 18V as well, so not origional.
I told him I would contact him today regarding pickup. While at work last night I decided that he had not represented this car correctly on his listing and I thought I was bidding on a '71. The fact that the pictures in the listing showed the car in the middle of the parking lot, dry conditions made it seem like it was being stored properly, especially if somone had already begun to restore it. I told him in my Email this morning that he should have contacted all bidders and put an update on the listing mentioning that the car had been filled with rain and snow since the listing went up. I know I would have never even thought about putting in a bid. God knows how many rain storms have filled this poor car.
He said he is going to contact Ebay about getting his listing and sellers fees back and would get back to me. I told him he can contact the next highest bidder, who was only 4 bucks less then mine, and offer it to them. I also told him that it was maybe a $300.00 car after sitting in those conditions, not the $700.00 I would be paying.
So, to all the Ebay Junkies here... Do I have a case here or might I be stuck buying this car? I would hate to tarnish my perfect Ebay record.
Any opinions out there please?

Thanks

Paul
 
A bid is a contract to buy. However, I am told by a lawyer that if the item is not as represented, then there is no contract. To preserve ypur feedback rating, I would work with the seller. Not everybody is knowlegible as to the exact ins and outs of model year peculiarities. This guy was likely depending on the title for MY identification. As to the condition of the car, what were you expecting for 700. bucks? Did you check for overdrive? Is it a side draft Weber? If the car has any desireable parts, you could take the car, part it out, and perhaps make more money in the long run. Perhaps, since you agreed to buy the car, you should pay the final value fee. It won't be much, and can be calculated from the ebay how to sell site. You are morally in the right, but he also has rights according to the ebay rules. If you can work to a compromise where both of you are only slightly unhappy, then that is likely the best that can be done. Good Luck!
 
[ QUOTE ]
Perhaps, since you agreed to buy the car, you should pay the final value fee. It won't be much, and can be calculated from the ebay how to sell site.

[/ QUOTE ]

I made the offer to pay all his listing fees with my email this morning. Waiting to hear from him today I hope. I have already had an inquiry into the Solex Carb.

Paul
 
IF the item isn't as described in the auction, you can retract your bid. I just did that on a car a couple weeks ago. Contact ebay.
 
BTW you cannot go by what year the title lists on foreign cars. They were titled as the year that they were sold to the customer not year that they were made. You will also sometimes run into insurance companies thinking you have say a Mark III because of they year it says on your title but you actually have a Mark II etc. etc.
 
No. But I still think you should check with ebay Paul. If the car isn't as the seller described it, I'm not sure you're bound to the purchase.

Exceptional Circumstances Only

There are, however, a few exceptional circumstances (described in the User Agreement) under which you may retract a bid. These are if:

You made a typographical error and entered the wrong bid amount. For instance, you bid $99.50 instead of $9.95. If this occurs, re-enter the correct bid amount immediately after you retract your bid. If you do not place another bid, the retraction will be in violation of eBay's policy and could result in your suspension. Please review the retraction guidelines if you need to retract your bid.

The description of an item you have bid on has changed significantly.

You can't reach the seller. This means that you tried calling the seller but his or her phone number doesn't work, or you have tried emailing a message to the seller and it comes back undeliverable.

Someone has bid on an item using your User ID and password.
 
By bidding, you are agreeing to buy the item. However there is no law stating that you cannot break the agreement for whatever reason you feel is just. Buying on eBay is really no more than a handshake deal, and if he choses to pursue legal avenues he will be in for a very, very difficult time achieving anything but a headache. This isn't an auction house where you physically sign a legal agreement. Electronic agreements are difficult to hold up in court. In addition, there are so many "my word against his word" eBay disputes going on at any one time that no law enforcement agency will want to touch it.

Bottom line, the worst you will get from backing out is negative feedback from him on eBay.
 
My wife says I have another email at home now regarding buying the Solex Carb. but again he is asking how much I would want for it. I have no idea.. I have never heard of them and there arn't any listed on Ebay to compare it to.
Need a firm offer though before I will change my mind about the car I think.

Paul
 
contact the disputes dept at eBay. Even if he gives you bad feedback you can make your case to eBay and they will probably delete the bad feedback from your account. This happened to me on a purchase of an MG part that the seller charged an outragous shipping charge (double the bid price of $35 for an item that would ship for easily $5, which he didn't disclose in his listing), he gave me a bad feedback and I complained to eBay and they retracted the bad feedback based on the sellers inproper listing. I wouldn't worry to much about the feedback, even if you can't work it out with the seller, one bad comment won't taint you badly. And you can always submit a rebuttel attached to the bad comment.
 
Well, as of this evening, he hasn't called me like he said he would. Perhaps he figured I was right.
 
Here's the thing, if the title said it was a '71, he didn't misrepresent anything. We may know it to be a '70 based on the equipment, but legally speaking, it is a '71, though an argument could be made it would be a '70 as well.

Second, the pictures showing it somewhere where it was not being regularly stored are not a misrepresentation either. Unless he specifically stated the conditions of storage, just having the pictures taken someplace does not mean anything.

That being said, I hope you can work it out. Buying over eBay is always a risk, I hope that you can reach an amicable resolution.
 
Paul, contact Joe Curto, he works on Solex carbs, he can probably help with a price.
718-762-7878
JoeCurto@aol.com
 
[ QUOTE ]


Second, the pictures showing it somewhere where it was not being regularly stored are not a misrepresentation either. Unless he specifically stated the conditions of storage, just having the pictures taken someplace does not mean anything.



[/ QUOTE ]

So, then what you are saying is that if I have a 1963 Corvette Stingray listed, take pictures on a nice sunny day, get a $30,000 high bid on it, but forget I left it out to get full of rain two nights before auction ended, even though it was supposed to be covered up, then I am OK, I have not missrepresented the CURRENT condition of the car? So, as you know it, the buyer would be stuck buying this car?

Hummm Sounds like somone would be getting screwed there. I don't think there is a differance between a $30,000 car and a $700.00 car when it comes to this situation.

Paul
 
I beleive the dispute resolution center would work for you on this one...the simple belief that the vehicle would be "prudently" protected from the elements unless disclosed otherwise would be a basis for voiding the transaction. The diference in model years would probably not be significant, unless you can attest that one of the major parts you need (rear bumper or carbs) was one of the factors in your decision...but let the dispute reslolution center work it out.

It sounds like you are working it out on your own though...and negative feedback won't kill you. I had received one after I complained about the junk someone sold me. I never bothered to refute it...the fact that the seller is no longer a member helps, and it has never even been mentioned since by anyone.

Bruce
 
There are certain risks in buying things at auction, especially without inspection. One should be aware of those risks PRIOR to making a bid. You wouldn't buy a used car from a Ford dealer just based on a newspaper ad. You would go inspect it and drive it. Of course, it would make sense for the seller to keep the car in the best possible condition. However, in all likelyhood, the car for $700 has been sitting outside through years of rainstorms. The inspection would have revealed that.
 
[ QUOTE ]
However, in all likelyhood, the car for $700 has been sitting outside through years of rainstorms. The inspection would have revealed that.

[/ QUOTE ]

True, and so would the seller putting in his listing that the car has been stored outside covered in snow. /ubbthreads/images/graemlins/rolleyes.gif
I have seen many many listings where this has been noted... If not, it has been listed as a "Parts Car."
Anyway.. he must have agreed with me as he has not contacted me since Monday.

Thanks anyway.

Paul
 
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