Any Legal Experts Regarding Buying a Misrepresented Car? HELP!

sy2873

New member
Hey Guys! I have a bit of a situation on my hands, and need some advice (be ready for a long story)….

Here is the “short” story….Middle of July I was in talks with a guy over buying his truck that I saw advertised on Ebay. He said the truck is in excellent condition with a re-built motor, new paint, etc. The only thing he said it could use would be new headers and maybe a new intake manifold (for performance purposes only). Other than that, the truck runs like a dream. Part of the deal was for him to swap out the 4 speed and put in a new/rebuilt automatic transmission. We came up with a price, I deposited the money in his account, and he said he would deliver the truck up to me once it was completed (in the next week). He said he would be up in my neck of the woods picking up a car from an auction. In the meantime he would send me the title and Bill of Sale the next day. Time goes by, still no title or Bill of Sale. I keep in touch with him via phone calls and text messages, trying to stay in the loop of what is going on. Almost 2 weeks later he finally sends me a title, to the wrong vehicle, and still no Bill of Sale. I tell him we got the wrong title etc, send it back to him, and he says he will give us the title when he drops off the truck. Fast forward through the excuses of why he won’t be able to deliver the truck this day or that, he finally makes it up my direction almost a month after the original date when the deal was made and money was exchanged. He wants to meet me at work to drop off the truck. He drops it off in the parking lot and takes off rather quickly, without me even having the chance to meet him.
After work I get in the truck to drive home and I am wondering if I am even going to make it home. This truck is in bad shape. After I got it home, I had three mechanics come out to my place to look at it. Here is what they found to be wrong with it (and I am sure there is more)
Safety Concerns:
- No outside door locks
- You cannot open the door from the inside unless you reach outside the window and open the door from the outside
- The handle to roll down the window is broken, which is a problem, since you need to have the window down in order to open the door
- There are no outside side mirrors or rear view mirror
- No windshield wipers, unsafe in a state like Oregon
- There is no horn
- There is no rear license plate
In reality this “daily driver” as he stated, is not even licensable at the Oregon DMV.

Mechanical issues include:
- The fan belt is hitting the fan shroud
- The odometer is broken, therefore unable to accurately gauge speed
- The engine is leaking a lot of oil. I was told the engine was “in excellent shape”. Because of all the leaks, the engine oil was low and we had to add 3 quarts.
- The motor does not meet minimum compression standards.
- Described as a good daily driver, but in reality is not street legal.
- We paid extra to rebuild the transmission. Instead, we received a transmission that was well used and improperly installed. It had the cooling lines blocked off and the wrong radiator is being used.
- It is missing the inspection plate, and it is absolutely not re-built
- The clutch pedal and tunnel boot were left in the truck, not in accordance with standard conversions.
- The heater and defrost are inoperable
- The rear spring shackles are missing the nuts, therefore not attached.
- The bed was not properly anchored
- The body bushings are missing
- It is supposed to be a 4-wheel drive truck however it is missing a front driveline.

It’s a long list…..
I sent him a letter, listing all of my concerns, asking him if we could in essence, cancel the transaction. He keeps insisting that I got a great buy on the truck. I wanted to return the truck to him, and he would return the money. I feel that if it is such a good deal, he should have no problem re-selling it. I even offered to take a bit less money, just to be done with this whole thing. I just wanted a truck that I could get in, put my wife and baby in and trust that it would start and get me where I needed to go.
He said he is not going to give us the money back. He offered to take the truck back and re-sell it, and give me the proceeds.
I went to the county today and filed small claims paperwork. It looks like we are going to go to court over this.
My question to all of you….what evidence should I make sure to include? Any ideas on how best to present my case? I can answer more questions if need be, I just didn’t want to make this post too long.
As always, you are all amazing and I appreciate any advice/insight you can give me on this situation.
 

Beavis

Still plays with trucks
Re: Any Legal Experts Regarding Buying a Misrepresented Car? HELP!

Have the mech put it all in writing and see if they will go to court for/with you or at least sign an affidavit stating problems. Get the original classified add, print all text/email messages (unedited) and if/when you call record the call. Bury him in paperwork, evidence and prove everything 2X with 2X or more the witnesses and documention.

Did you get a receipt? What is stated on it?

It's hard to prove things when almost all vehicle sales are "as is." Meaning no warranty expressed or implied.

Good luck, it will be difficult.
 

sy2873

New member
Re: Any Legal Experts Regarding Buying a Misrepresented Car? HELP!

Thanks Shawn! I will work on getting some written statements from mechanics. I do still have the Ebay ad and will use that. You are right...word versus word typically will go nowhere. Unfortunately, there are no e-mails and only a handful of text messages. Most of our discussions came via phone. I am hoping my mechanics statement(s) with the original Ebay ad, my deposit slip in his account, and a ton of pictures may be enough since there is no bill of sale. I hope I am right! :) Thanks again!
 

TNPhoon

1of28
Re: Any Legal Experts Regarding Buying a Misrepresented Car? HELP!

^ pretty much summed it up.
receipts...communications....original ad...affidavits...

Does he represent himself as a car seller or whole-seller in any way? Or strictly an individual?

Also, you stated that he left without you meeting him?
How did you get the keys?
What about the title?
You didn't mention it again, but did you get it when you gave him the $?

Buying from an individual is different from a business, but something like this happened at our dealership, it violates all sorts of shit...odometer disclosures...delivery - if he "dropped" the truck off and you were never handed keys personally, technically you never took delivery of it. However, I don't know how these would fall into an individual-individual, but could at least be used as examples.
 

TNPhoon

1of28
Re: Any Legal Experts Regarding Buying a Misrepresented Car? HELP!

You have a link to the original ebay ad?
 

turboj91

New member
Re: Any Legal Experts Regarding Buying a Misrepresented Car? HELP!

Did you ever inspect this vehicle (in person)?

What do you have for paperwork on the sale. Something with a VIN listed, a specific model (2wd vs. 4wd).

This is a deal gone bad. Real bad.

Have any documents for your deposit and what it was based on? and what the final "delivered" truck was supposed to be.

You can contact ebay. Doubt they will do anything except remove his selling access but he can always come back with another name.

This is a deal gone bad. Real bad.

Usually something you hear about from someone many years younger.

Small Claims wants proof. Proof positive. Photos only just does not cut it. Wording in the ad can be claimed to have spelling errors or a wrong description or "that was the other truck I was selling". Then you claim you made all the corrections in the phone calls. Your work against his.

Get every piece of paperwork you can. You have the burden of proof that the truck was misrepresented or altered from the original agreement. If you inspected in person, you can claim what you saw for working items and equipment and they were removed or altered by the time you had delivery.

This does not sound good.

I wish you luck!!!!!!!!!!
 

sy2873

New member
Re: Any Legal Experts Regarding Buying a Misrepresented Car? HELP!

Thanks for the reply. Unfortunately, I never saw the truck in person. I saw the truck on Ebay and purchased it afterwards. I still have a copy of the Ebay ad/link. You are right, most of our conversations were word versus word. What "could" help me is his Ebay ad says the "truck runs great" and it "is one of the cleanest trucks on Ebay." I don't know how a truck can run great with low compression, not street legal, fan hitting the shroud, bad shifting, etc... Meanwhile, being a "clean" truck, I know "clean" is vague. Typically "clean" implies great condition. He backed these statements on the phone saying the truck needs nothing. Wanting to be trustworthy (usually I have had overall positive experiences), I believed him and he delivered it to my work and quickly left. All I have is a truck, a title not in his name, an Ebay ad, a bank statement where I deposited money in his account, and my registered letter I sent him. I may be screwed. But, I am hoping to use his ad as a misrepresentation of the truck while he is trying to call me out for not looking at the truck. This sucks!
 

warmpancakes

New member
Re: Any Legal Experts Regarding Buying a Misrepresented Car? HELP!

did you buy it through ebay? or outside ebay? If you purchased it through ebay contact them
 

warmpancakes

New member
Re: Any Legal Experts Regarding Buying a Misrepresented Car? HELP!

All I have is a truck, a title not in his name, an Ebay ad,!


Not so fast he sold a vehicle to you and the title wasnt in his name, This is called title skipping and is against the law Might want to use this little fact to your advantage as his fines from the state could be serious
 

TNPhoon

1of28
Re: Any Legal Experts Regarding Buying a Misrepresented Car? HELP!

WooT! Title skipping. Nice.
Screw the courts, call the DMV.
Only way he can legally title skip is if he's a dealer or under a dealer umbrella.
And if he is acting upon that, he's licensed, and technically, you never took delivery of the vehicle.
The fines that he will face with will be more than likely be more than what he sold you the vehicle for.
 

warmpancakes

New member
Re: Any Legal Experts Regarding Buying a Misrepresented Car? HELP!

also if the seller was from a different state than you could be federal tax evasion , only reason to not title a car is to avoid paying tax on the profit
 

PJs97Talon

Is in over my head......
Re: Any Legal Experts Regarding Buying a Misrepresented Car? HELP!

This is exactly why I will not buy a vehicle sight unseen. I don't care if it is in China- I will go look at the vehicle before I buy it. There are too many dishonest people out there to be able to trust anyone these days. It's sad because I am the type that usually tries to trust someone until they give me a reason not to. The last several vehicles I have bought- I went and looked at them prior to buying them and then made a seperate trip back to make the transaction. That's what we did with our Typhoon as well. I took someone that (suckered me into buying one) knew a little more about them with me to look it over first.
 

Overkill

Member
Re: Any Legal Experts Regarding Buying a Misrepresented Car? HELP!

Vehicle runs great & excellent condition are simply interpretations by one person. The market is a buyer beware market and just because a seller says something looks great doesn't mean it is. With used vehicles it is up to the buyer to research their investment as technically the only thing a buyer must disclose at least in Colorado is if the vehicle has a salvage title.

The title skipping is most likely your best way to convince him to handle this issue differently. He is basically curb stoning if he is an actual dealer, but if a private owner then title skipping is accurate. Best of luck to you!
 

92TyLA

New member
Re: Any Legal Experts Regarding Buying a Misrepresented Car? HELP!

Even if he is a dealer the vehicle should be realeased to the dealer/wholesale, if he works for a dealer and has a auction license then what I think he did was went to an auction got the truck then the dealer simply released the title to someone(fake) and handed it over to him, if thats the case then the dealer is liable too, carfax the car and/or get a report from the dmv of the vehicle(any registration place can do it) and it will say what auction it was sold at,call the auction and verify what dealer bought the vehicle and let them know what is goin on, auction will help you out.

The dealer I worked at sold a lot of car locally like that and all they had to do is release the car ando a wholese report of sale to a fake dealer and simply hand the title to avoid taxes, thats why they went to hell and now are bankrupt.
Good luck.
 

sy2873

New member
Re: Any Legal Experts Regarding Buying a Misrepresented Car? HELP!

Thanks guys! Here is the Ebay ad:

http://cgi.ebay.com/ebaymotors/197O...8175602?pt=US_Cars_Trucks&hash=item3f0ba31072

Maybe you guys will notice something I have not noticed so far. The pictures he has are very basic. Note in one interior shot, there are handles on the passenger side door panel. They are not on the panel anymore. Otherwise, he took general pictures and tried (I am guessing) to cover up such things as the heater being bypassed. The ad states he was selling for a friend. I am working on contacting the "friend" to see how legitimate it was. All of you are right....he dropped the truck with a title at my work. Although I was 3 minutes away, he said he was in a rush to get back home. The keys and title were left with a co-worker. The angle I am going to take is starting with it missing the front driveline (hence not 4wd), get into how it is not street legal (missing seatbelts, side mirrors, ODO broken, no rear plate, etc.), then discuss how it cannot run "good" with poor compression.

Thanks for any and all input!!!!
 

sy2873

New member
Re: Any Legal Experts Regarding Buying a Misrepresented Car? HELP!

BTW...I live in the same state as him....he is south around 200 miles. I bought the rig after the auction ended.
 

turboj91

New member
Re: Any Legal Experts Regarding Buying a Misrepresented Car? HELP!

I don't see a front driveshaft in the ebay ad.
The VIN listed on ebay is not correct.
Did you buy this thru ebay or outside?
 

TNPhoon

1of28
Re: Any Legal Experts Regarding Buying a Misrepresented Car? HELP!

Whats the VIN number on the VIN plate? Because as mentioned above, the one in the ebay ad is nowhere near correct.
 

sy2873

New member
Re: Any Legal Experts Regarding Buying a Misrepresented Car? HELP!

I could be wrong here....but, I believe old VIN numbers do not work on Ebay. However, I must say, you guys are amazing! The VIN on the title matches the Ebay ad. But, I just looked at the (what looks to be original sticker) on the driver's side door and the VIN numbers DO NOT match!!!!!!???????? Thoughts? BTW, I found the truck originally on Ebay but bought it after the auction not through Ebay.
 
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TNPhoon

1of28
Re: Any Legal Experts Regarding Buying a Misrepresented Car? HELP!

As Ken mentioned above, if he's title skipping, that's illegal - it's tax evasion.
Also, that's when the old "oh, I am selling it for a friend" line comes in - Bullshit. He's not selling it for a friend. And you will never find said friend because said friend doesn't exist. That's usually the line behind something like this.
And more than likely he doesn't want to refund your $ and will do a "consignment" because he's already taken the $ and spent it on financing his next scam.
If it were me, I would first contact the DMV. With the VIN, they can give you all sorts of information on the on title, when it was sold, who sold it, etc.
Gather all of your facts and send him notice via certified mail calling him out on mis-representation, sales tax evasion, title skipping, not taking delivery, etc. And offer him 1 chance to "make it right" by nullifying the deal and refunding your money and come pick up his hunk of shit.
Also, another thing that hasn't been mentioned yet is that you state that the odometer on the truck isn't working...What does it say on the back of the title? There is a mileage statement on the back of the title that has to include the mileage or state that it's unknown - it's the consumers version of an "Odometer Statement".

If he doesn't respond, get an attorney involved or file suit in small claims court.

I would also attempt to find out whether he's working under a dealers license or personal license, and act accordingly with the State DMV:
http://www.oregon.gov/ODOT/DMV/dealers/complaints.shtml
 
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