Hosed by Dealer in Florida -- 99 C280 Sport - PeachParts Mercedes-Benz Forum

MBDad777 · #1 12-14-2002, 03:10 PM

This post is partly to vent and partly to prompt discussion for suggestions. On August 29, 2002, I bought a black 1999 C280 Sport on eBay from Specialty Car Sales (eBay name floridaleases). They gave a glowing description of the car and one of their pre-sale emails to me said the car had "never been damaged in any way."

When the car finally arrived on the truck, I found that there actually had been damage to the car and the repairs were done very poorly. Not only that, but it was so scratched up it practically looked like it had met up with Freddy Krueger on a bad hair day! Body shop estimates to have the repairs done right ranged between $2,000 and $4,000, not including the scratches.

A fuller description of my dealings and estimates can be seen at:

www.geocities.com/daddoz777/

I filed a complaint with the Better Business Bureau in SE Florida on October 16 but haven't heard anything back. They don't answer their phone and they don't answer their emails. Same with the Florida DMV. EBay won't do anything about it--I've already checked into that.

It's like a bad dream that won't go away. Now I've got two cars and I can't seem to sell either one. If anybody has any suggestions on what to do or how to pry some information out of the West Palm Beach BBB I'd appreciate it.

Owning a Mercedes was supposed to be fun.

Diesel-Lover · #2 12-15-2002, 02:14 AM

Man what a problem.
Feel for ya. I've been looking on Ebay etc now I will be super careful. In person or via another person inspection and testdrive etc only for me.

I'd let em know that you are gonna get the feds involved. With the docs you have it seems as though it is pure fraud. Wire/mail fraud interstate to boot and perhaps that would qualify this for a fed case eh (check the law for interstate commerce etc). Get a lawyer to send a letter on your behalf and tell em to have the car picked up and your money returned.

Post a feedback on Ebay and have the lawyer send them a letter as well to prevent the fraud from getting any more people.

Tell Paypal etc who are providing service to this person/company the same thing.

Above are just suggestions that come to mind, I am not a Lawyer.
Best of Luck.

MBDad777 · #3 12-15-2002, 03:38 PM

Thank you all for your input. These are very good suggestions. Many of them I have already acted upon with the exception of consulting an attorney. Partly because I really don't want to spend the rest of my life (and money) dealing with the issue.

If I had one suggestion about buying from eBay or something like that, it would be don't assume anything! All indications about the car and the people I bought it from seemed like it would be a good sale. Now I know better and it's too late.

By the way, I just received yesterday a letter from the BBB, along with the dealer's response. They are (again) totally avoiding any responsibility. I don't know how anyone can ignore the body shop estimates and the shipper's bill of lading that testify against the dealer. It's his word against my documentation. Unfortunately, up to this point that's all I have -- documentation.

For those who "give a rip," I'll keep up the posts as anything new develops!

Dan

rdanz · #4 12-15-2002, 08:14 PM

Correct me if I'm wrong you bought a car listed on Ebay without looking at it first or having it checked out.
What did you expect?

Piotr · #5 12-15-2002, 11:31 PM

Wait, wait, WAIT!!!. If they are a dealer (as opposed to a private person), and they stated in writing (yes, e-mail IS a written document), that the car was never damaged, but then they sold you a damaged car, isn't that false advertisement??

Fir instance, if I order a new car from the factory, and they deliver it damage I DO NOT have a legal obligation to purchase that damaged car, because the assumption of sale is that it is not damaged. Did you sign or were told the car is sold "as is"?? if not, it is a fraud (as a dealer they must knoe the difference between damaged and never damaged. Unless they meant it was not in an accident.

This is all a mute point if you signed or were told the transaction hcontains no warranty as to the condition of the car. What you should have done was to tell them to take it away to Florida and withhold payment on it. You would be surprised how fast you can get results this way.

kerry · #6 12-16-2002, 12:00 AM

Sorry about your bad experience. I'm curious about a couple of things. What did you make of the negative feedback that the seller had before you bid? There aren't a lot, but a few. I buy things on Ebay and wonder what goes through other people's minds when they see a few negative feedbacks. One or two negative feedbacks may not deter me. Why haven't you left negative feedback yet? It seems you could help other potential bidders by leaving negative feedback.

Did you run a Carfax report before you bid? If not, did you run one after you got it? It might give you evidence that there were problems they should have known about.

What does everyone think about buying from wholesalers on Ebay? I'd be more inclined to buy from an individual than a wholesaler. I noticed that the seller describes the condition of his cars exactly the same way. Does that set off a red flag in anyone's mind? Does it indicate the seller is not actually evaluating the specific vehicle but just enticing buyers?

MBDad777 · #7 12-16-2002, 02:46 AM

rdanz: What I expected was a vehicle in the condition they described. Nothing more. What they presented and what I got were not the same. Thank you for your input.

Kerry Edwards: What did I make of their existing negative feedback? I figured the two or three negatives out of nearly 250 represented that minority of people you can't please no matter what you do.

In fact, I did leave negative feedback. The feedback contained the web address I listed above so all could see. A couple days after I posted the feedback I got a scathing rebuke from eBay saying I violated their rules, threatening to kick me off eBay. They made me out to be the "bad guy." I went back and forth with them a couple of times until they sent me one last rebuke and a declaration that the decision was final. They wouldn't let me repost my feedback. They are more concerned about their stupid rules than they are about protecting and helping people.

It turns out the seller bought it at an auction and probably spent very little (if any) time giving it close examination before putting it up for sale. I got the Carfax before the sale. I got their email saying it had never been damaged before the sale. I dotted all my "I"s and crossed all my "T"s and got hosed anyway.

I know it sounds like I hate the car. I don't. It's sort of a love-hate relationship! I like the car but I hate the situation. Finding out it had been damaged and poorly repaired was like getting married thinking you're wife is a virgin, only to find out she's already been with someone (I'm not going to reply to any comments about morality so please don't post any)! But the more I drive it the more I like it. This is almost starting to sound like a soap opera, isn't it?

Actually, I've got both my sedans for sale and am sort of waiting to see which one sells first. Secretly I hope the Escort (bought new) sells first, but it's been such a good car and the Benz (situation) has been such a pain in the butt I hardly know what to do.

I can just see everybody getting out their violins! But that's in part what this forum is for, right? I'm just blabbing and looking for sympathy, I suppose--cryin' in my proverbial beer! Wah!!!

tjohn · #8 12-16-2002, 08:57 AM

As I'm sure you've figured, Ebay won't let you post URLs in feedback. I have seen people say things like "email me for details."

I hope you get this situation resolved to your satisfaction, nothing gnaws at you in quite the same way as when you feel that someone's taken advantage of you.

Good Luck.

MBDad777 · #9 04-28-2003, 06:09 PM

On February 10 I took the car in to Olympia Auto body to get everything taken care of. Apart from the visible stuff I already mentioned, they found that in fact the car had been in some sort of collision, receiving an impact that crushed the front left corner. The previous two-bit repair shop literally used as large a hammer as necessary to smash the fender "apron" back enough to get the fender back on. The apron was repaired by the new shop (bent back, welded and painted as shown in the picure below).

On the outside, the driver's door had been crushed at the bottom and the inside of the rocker panel showed more body damage (the left rocker panel was replaced). There were many other less significant areas that were repaired but I won't go into those.

With the exception of the rear bumper and roof, Olympia Auto Body repainted the whole car, and now it looks absolutely beautiful.

MBDad777 · #10 04-28-2003, 09:14 PM

Thanks. Maybe I'll check into the eBay fraud complaint process. Dan

#11 04-28-2003, 09:55 PM

Personally, I would hire a lawyer from his area give him your evidence and see what he thinks, have a lawyer know check some references.

When ever I see things heading south (no pun intended) I hire a Lawyer and as a result have never been hosed and I have always recovered fees as well.

If there is not a lawyer involved they just throw your stuff in the letrash.

If you saw a guy coming at you with a whiffle ball bat you would just laugh right? Now would you be laughing at a Louisville Slugger?