Latest Diablo 3 News
Support the site! Become a Diablo: IncGamers PAL - Remove ads and more!

Need opinions on this online auction dispute

Discussion in 'Off-Topic' started by Darnoc, Jun 3, 2005.

  1. Darnoc

    Darnoc Diabloii.Net Member

    Joined:
    Jan 20, 2005
    Messages:
    1,036
    Likes Received:
    0
    Trophy Points:
    165
    Need opinions on this online auction dispute

    My father purchased a bmw via online auction and there were a number of things wrong with it when he received it. The car was put on online auction in california, and then shipped to chicago after he won the car by a car transporting service

    The auction stated that all power options worked fine, but the drivers side windows, the on-board computer, abs, and the car radio do not work or even turn on.

    The mileage was stated in the auction, but upon arrival in chicago the odometer did not work and showed the same mileage as a two year old carfax report, meaning the odometer had been broken for at least two years.

    The original auction stated there was no shaking in the car, but a day before auction ended, the auctioner added that the front end shook a bit due to a bent tire rim. Upon manufacturer repair inspection in chicago the car needs new tie rods, bushings and thrust rods to fix the shaking.

    The sizes of the wheels stated on the auction site were not what was what was on the car; this isn't too important but he stated the tires were in excellent and fair condition when upon arrival one tire was extremely worn and needs immediate replacement.

    The auctioner stated that the brakes work fine; after inspecting the car on receival, the back breaks were extremely worn down and needed immediate replacement.

    After contacting the auctioner and informing him of the problems, he offered 55$ to fix the odometer, but said the electronics worked fine when he had the car (car pictures show electronics working, but no way to tell age of pictures), and that the brakes worked, and there is no guarantee of their condition.

    I know my father should have had someone in Cali inspect the car before the end of the auction, but it's too late for that now. I know there's nothing that can be done about the condition of the brakes, and claims to the shaking front end are debateable since he did mention it shakes, though he did not accurately tell the cause of the shakes.

    But the odometer issue is a major problem since any amount of miles could have been put on the car in the past two years, and means the mileage stated in the auction is not correct. The electronics must have worked at some point since the pictures show they did, but on the actual car they do not.

    My questions are:

    Is there any way to hold the auctioner liable for the condition of the worn tire, shaking front end, or non functioning electronics since he stated their conditions incorrectly?

    Since the mileage reported in the auction is incorrect because the odometer is broken, is the auctioner responsible for some reimbursement to the cars value since the actual mileage cannot be determined?

    I found california laws regarding odometer mileage:
    http://www.iclclaw.com/consumer_protection_laws.htm

    their website states:

    Because used vehicles are "used", the number of miles a vehicle has been driven is important. Vehicles with lower mileage typically are more valuable than those with higher mileage. Under California law, a vehicle's odometer cannot be altered, disconnected, or tampered with in any way. If the odometer reading seems suspect, check the odometer statement that the current owner received when the vehicle was purchased or call the California Department of Motor Vehicles Bureau of Investigations.

    What do you feel is the best course of action? Contacting E _.Bay for their auction dispute? Contacting california dept of investigations?

    The auctioner has been given multiple chances to have the car repaired, or reimburse my father for the inaccuracies, but has not offered more than the $55 to fix the odometer.

    Personally, I think the whole situation is kind amusing, and it serves my dad right for not having the car thoroughly checked before bidding on it, but it seems that the auctioner is in the wrong since he basically lied about the car's condition in the auction. Let me know what you think, thanks-
     
  2. Damotta

    Damotta Diabloii.Net Member

    Joined:
    Jul 18, 2003
    Messages:
    181
    Likes Received:
    0
    Trophy Points:
    41
    Contact whoever you need to to get the problem taken care of. It's definetly wrong of the seller to sell a vehicle with so many problems if he has stated before the transactiont that these problems didnt exist.

    I live in California and know a little bit about business law. Under the UCC (Uniform Commercial Code) the seller has the obligation of transfering the product to the buyer under the conditions they agreed to. If the seller did indeed state on his auction that the car was in a certain condition, this can be counted as an express warranty. An express warranty is when the seller makes a direct representation to the buyer regarding the goods to be sold wether it be expressed orally or in writing. If the goods dont conform to what the seller said they will be like, then it's a breach of the contract. So, you have every right to get what you paid for.

    I'm not totally sure how this all works regarding eBay, if they have certain regulations on buying and selling products, but I cant imagine it should be much different than normal business operations. Also, I dont know what the business laws are like in Illinois, so there might be a few kwirks or kinks to work out when selling goods from one state to someone in a different state. But whatever the specifics are, it doesnt change the fact that you didnt get what you paid for, and that isnt right no matter how you look at it.

    I would start off by contacting eBay about it, and if theyre not able to solve the problem, then contact whoever else you need to go get this worked out, be it the CA dept of investigations or someone else (in this case, I'm really not sure who the proper authority to contact would be, since the transaction occured in two seperate states). If your father is adamant about it, and is willing to put forth the effort of sorting this out, I'm quite certain that justice will be done.
     
  3. {KOW}Spazed

    {KOW}Spazed Banned

    Joined:
    Jul 20, 2003
    Messages:
    11,578
    Likes Received:
    0
    Trophy Points:
    0
    I'm sure R++ would have gone out and looked at it for you :)

    Anywho, it sounds like you would be able to go to the auction site and look at their rules. Most sites have a rule against posting fake info. I would check with the site before you go on somewhere else as they may have a way to help deal with the problem.
     
  4. Darnoc

    Darnoc Diabloii.Net Member

    Joined:
    Jan 20, 2005
    Messages:
    1,036
    Likes Received:
    0
    Trophy Points:
    165
    damotta and spazed, thank you both for your input; I appreciate it!
     
  5. Garbad_the_Weak

    Garbad_the_Weak Diabloii.Net Member

    Joined:
    Jun 21, 2003
    Messages:
    4,082
    Likes Received:
    0
    Trophy Points:
    466
    Call an attorney. And kept records of everything.

    Garbad
     
  6. bigD72

    bigD72 Diabloii.Net Member

    Joined:
    Jun 28, 2003
    Messages:
    2,777
    Likes Received:
    1
    Trophy Points:
    466
    You should be able to get a full refund from E-bay, I've been messed over before by people not shipping items after I pay and I e-mail E-bay and then after a certain period of time and some different proceedings they refund the money.

    As far as faulty items and fake information I'm sure there is some clause in their Terms of Service Agreement about that.

    I'm with Garbad on this one. Lawyer him.
     

Share This Page