5000 Ebay buying problem

Tue Sep 17 15:31:31 EDT 2002

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I had similar problem with an Ebay transaction.

Like was said in the previous message. Once the reserve is reached the auction
is a binding contract. There is no way out from the seller or the buyer.

I would play hard ball with the seller.

1st. Do not accept the PayPal transaction.

2. Call the father and inform him about the binding contract generated from
the Ebay auction, and if you can not pick up the car you will:

   2.1 Report  to Ebay the fraudulent auction.

   2.2  Filed a mail fraud complain. If the seller claims that mail wasn't
involved. Tell him that your attorney advised you to do so.

   2.3  Call the possible buyer and inform him about what you are going to do,
and that he could be cited at the suit.

3. Tell the father that you rather not do these actions, but if you can not
pick up the car, you have no alternative.

4. Most of all, be assertive, but polite and calm. Attitude is all in these
cases.

This is what I've done, and in my case, it scared to death the seller. The
item was delivered without any other problem.

A calculated guess is that the kid is getting some/all the money out of this
auction and he is trying to get more.

Good luck,

Carlos.
>From: "Brendan Maguire"
>To: raudi1 at value.net
>CC: quattro at audifans.com
>Subject: (no subject)
>Date: Mon, 16 Sep 2002 15:42:40 -0700
>
>Just go get the car, bro. technically i believe ebay auctions are
>legal
>contracts. i took the following off an non-related ebay auction:
>
>Your purchase is a contract - When you confirm your purchase on the
>next
>couple of pages, you will enter into a legally binding contract to
>purchase
>the item from the seller.
>
>Now this only mentions the buyer, but it "should" work in reverse as
>well....
>
>This guy is obviously crazy so go get the car and keep it. You have
>loved
>that (type of) car since your got your first 5000 (unfortunately
>some one
>rear ended that... but that IS how you got the coupe...)
>
>Brendan Maguire
>1985 Coupe GT
>1987 Dodge Shadow <--- adopted into our european car family
>(something has
>to haul all the parts!)
>
>
>
>Message: 14
>From: "J. Lyons"
>To:
>Subject: New (old addition to the family - revisited (NEED OPINIONS)
>Long
>Date: Mon, 16 Sep 2002 13:28:02 -0700
>
>Hello all,
>
>Sorry about the length,
>
>Well this has been an exciting week, to say the least. I had posted
>about my
>recent purchase of an 81 5000s off of E-bay about a week ago.
>Suffice it to
>say a lot has happened since then. I was hoping the collective
>opinions of
>the list could help me see this through.
>
>I made my payment to the buyer via Paypal, with every intention of
>picking
>up the car the following Monday 9/16. I was contacted by an
>individual
>(non-list member) who is a German car collector out of Tennessee. He
>made me
>an offer to buy the car prior to my picking it up. I declined his
>offer. He
>then e-mailed me again, upping his bid. Again I declined (I really
>wanted
>this car). He then sent me an e-mail offering nearly double what I
>paid.
>
>It was at that point I decided to accept his offer. I emailed the
>seller,
>asking if he would mind releasing the car to the person from
>Tennessee.
>Suffice it to say he went ballistic on me, accusing me of taking
>advantage
>of him and his father (who owns the car) even though he has no idea
>the
>amounts of $ involved. His big issue, apparently is that I had not
>taken
>possesion yet and so it is not mine to sell. I, on the other hand
>have a
>receipt from him & Paypal telling me to come get the car. So near as
>I can
>tell, the cars is mine.
>
>In an attempt to defuse the situation, I spoke again to my buyer
>about the
>circumstances involved, and we both agreed that maybe I should just
>get the
>car for myself and be done with this. I then made arrangements with
>the
>actual owner (the father) to do just that.
>
>Now today, I get an e-mail from the seller (the son), attemting to
>refund my
>money via Paypal so he can sell it for a higher amount, to the same
>guy that
>contacted me.
>
>I am just not sure what to do?! I went into this with every
>intention of
>owning this clean nice car and now everything has gone straight to
>hell!
>
>Was I wrong in what I did? Or is this guy out of his mind, and now
>being
>sorry he couldn't sell it for more?
>
>Any help / opinions would be appreciated. Especially since this is
>now
>looking to be a legal battle with these people.
>
>Regards,
>J. Lyons
>
>84 CGT turbo
>86 4KCSQ
>79 5KS
>maybe an 81 too....
>
>
>
>
>
>
>Brendan Maguire
>
>
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