Problem with a scam on EBay, what can my friend do?

[disneyfan67]

I'll fill you in on what happened and if anyone has any experience with a bad dealing with Ebay and got it resolved, please help!

A very good friend of mine is a huge Pontiac fan and loves older cars from the 60's and 70's. He saw a listing for a 1971 Pontiac Bonneville on Ebay Motors and it looked really good. The man posting it is a police officer in Ohio, had a good feedback rating and quite a few sales. As a former dealership tech for over 15 years in the auto business, I gave my thoughts and opinions on the car because my friend asked me to. I looked over this car, listened to what the man had to say, thought it was pretty good deal. My friend won the auction and wired 1500 dollars from his bank to the guy in Ohio and was to pay the remaining 3500 dollars on pick up of the car.

The car really did look good in the pictures and when he contacted the man directly, my friend was told you could drive this car to California and it was more than worth the 5 grand, the car was listed for, etc, etc. The car is outside a town near Columbus, Ohio and my friend and one of his buddies drove down from Chicago last night after work. They get there around 3am and go to where the car is sitting and it's a mess from what they can see. They check into a motel and wait until they meet the police officer who listed the car. I get a call from my friend to tell me that the car is a hidden mess and there are holes in the floorboards, trunk floor has been patched and putty has been used to disguise it. They did an excellent job in hiding the condition of this car in the listing and there is no mention of needing any work. It's listed as being in great condition.


When the guy who owns the car, shows up to collect the rest of the money my friend confronts him over the condition of the car. The guy tells him the car was listed properly and he's not going to budge on the price or give the deposit back. My friend tells me that the front brakes are even worn to the point of touching the front rotors and there's no way it will make it back to Chicago. It turns out the guy who sells the car does this along with another police officer and says if you don't want the car then talk to my lawyer. The guy wanted the additional 3500 dollars and says the car is more than worth it, blah blah, blah. My friend ends up leaving after calling me and I told him it's better to be out 1500 than 5000 total, and to take pictures of the car and it's current condition. I want to help him get his money back and I need some advice on what to do? My friend is driving back as we speak, short 1500 dollars and I feel bad that I gave him my approval and/or recomendation to buy it.

 

[southernbella]

I don't have much advice, but your friend did the right thing by not accepting the car. On eBay, under community (buttons at the tops), look for the trust & safety disscussion board. I would post this over there. They are experts on this type of issue. Sbella

 

[va32h]

Ebay is a venue only - it does not guarantee the quality of the merchandise offered, nor the veracity of the sellers.

Because your friend did not complete the sale, he cannot file a Significantly Not as Described Complaint against the seller.

The seller may choose to file an Unpaid Item Dispute against your friend, at which point your friend can explain why he did not complete the transaction. The seller will probably leave negative feedback for your friend; Ebay's policies regarding feedback from buyers has recently changed - since your friend will be a non-paying bidder, he will probably not be able to leave appropriate feedback for the seller.

In terms of getting the money back - small claims court is probably going to be your only recourse, and even then your friend will have to decide whether the trouble and expense is worth it. I would never advise anyone to pay for anything on ebay via a wire transfer. Always use a credit card or credit card via PayPal, so you can contest the charges should a problem arise. For a very high dollar sale, I would look for a trustworthy escrow service.

I am sorry about your friend's experience - every time someone has a negative experience on ebay, it affects those of us who are good and honest sellers.

 

[disneyfan67]

Thanks for the advice. I can't help but feel responsible for this mess as well. He asked my opinion and I thought the car looked great and I felt better that the seller was a police officer. My buddy must have talked to me about this car a dozen times last week and was really excited about getting it. He was nervous about spending the 5 grand and I told him not to worry so much, it will be fine. I have thought about buying a classic car on Ebay motors but there is no way I'll do it unless I see the car in person. The thing that really angers me is that this guy and his partner are police officers and used this to their advantage. My friend felt helpless and said they were beyond arrogant and really cocky. What could he have done in that small town or complained to? They had him over a barrel and they knew it. I was worried about him and glad he was back on the road. Oh well, what can do? I doubt he will ever see his money back and it's a lesson learned, the hard way. The whole thing sucks, it really does.

 

[chirurgeon]

I would suggest the small claims court option, and then send it to Judge Judy. She doesn't put up with any bull.