I've been had. An eBay saga. - PeachParts Mercedes-Benz Forum

thelazzarusman · #1 03-05-2006, 01:20 AM

All,

I bought a 1987 300sdl off of eBay from a seller in LA with an excellent reputation (bmwskunkworks). Immediately upon delivery, I have discovered that the A/C is nonfunctional and that the car is burning coolant like a demon--both problems undiscovered or outright lied about in the listing, which is #4610419289 for anyone curious. The seller, who didn't even bother to provide me with a proper receipt, switched into full defense mode when I politely informed him about the A/C problems. I don't think dealing with him any further will be productive, and I plan to address these issues to his boss.

To my point: who here has experience in filing eBay claims for compensation, and what luck have you had? As the son of a federal judge I have plenty of legal firepower behind me, but I would prefer other options since I know enough about the justice system to want to avoid it!

Thanks.

#2 03-05-2006, 01:30 AM

eBay Link

dkveuro · #3 03-05-2006, 01:38 AM

Quote:

Originally Posted by thelazzarusman

All,

I bought a 1987 300sdl off of eBay from a seller in LA with an excellent reputation (bmwskunkworks).

Thanks.

Distance seems to be your problem...you'll have to file in LA.

If the car is otherwise in good condition, and you like it , have it fixed.
Achillies Heel on those is the cylinder head cracking.

The a/c could be simply low freon.

I just finished one with cracked head on number 5 cylinder into the injector pocket.
If you find another head and have it checked, do not try to have it straightened if it is warped....had one up to 600 degrees F and it still didn't flatten out.

New bare head will run $1800 to $2000 or so.

.

.

1983/300CD · #4 03-05-2006, 05:48 AM

I think the legal term is "tough".

There needs to be $1500 in damage to the engine, body, or transmission that makes the car undrivable before you can expect any help from paypal buyer protection. If it drives... tough. Unfortunately, I learned that one the hard way. The "$20,000 guarantee" is in bold print so you feel safe, but you're not getting your money back.

Mike J · #5 03-05-2006, 06:22 AM

Sorry to hear of the problem.

But, when you say "didn't bother to give a proper receipt," I get curious about why you finalized the transaction.

Al Magaloff · #6 03-05-2006, 06:25 AM

Well, it will cost at least $1500 to fix, and won't drive far with a cracked head or head gasket issue, so I think he qualifies.

Ron in SC · #7 03-05-2006, 06:43 AM

I have a friend you bought a seat for a 123 chassis off ebay. He paid using paypal. The seller completely misrepresented the condition of the seat.

He filed a complaint with paypal against the guy who ripped him off. The seller immediately offered to settle althought not the full amount including shipping. To be done with the situation my friend accepted the offer and moved on.

I got the impression that paypal would have found in my friend favor and he would have gotten all his money back, however, he did not want to fool with the situation since the total amount of cash involved was not that great.

If you paid using paypal I'd say no harm in filing a claim.

nhdoc · #8 03-05-2006, 06:52 AM

He's a car dealer, and being a dealer you have more protection than if you bought it from a private party. First, check the laws in California. It's a very pro-consumer state. I would not be surprised to learn that all used cars sold by dealers there are covered by a 30 day warranty, or at least some sort of warranty. Even if not, the warranty of merchantability covers you. Inform the seller you're going to get the car fixed and tell him you're going to complain about him to the department of consumer affairs and the people who license used car dealers in the state. Get estimates, and file a case in small claims court (yes you can do it all by mail) and once he is served with papers he'll change his tune about ignoring you. They don't want to be dragged into court.

You may not get 100% of the money you're seeking, but I guarantee you he will offer to pay at least half to settle. Believe me, I've been there, done that and been succesful. I didn't have to go to the seller's jurisdiction, I just had to be willing to do it and that was enough to tell him I was serious about it. If he thinks you are crazy enough to come to LA to see him in court he will offer to settle with you. Tell him you have an uncle there or old girlfriend you've been dying to visit so it won't bother you a bit to come out for a few days and testify.

Save the listing and all of the correspondence you've had with him. Did you ask about the AC?

Abner Mality · #9 03-05-2006, 06:53 AM

Being the son of a Federal judge will probably impress the hell out of your girlfriend, but I doubt you'll have those folks in L.A. shaking in their boots.

Shopping for autos on e-bay is a risky business, and I'm sure your Pop could give you the proper latin phrasing. Past that, he'll not be much help.

If I were serious about buying a vehicle on e-bay, I'd stick with Herb Phillips. Given that I live only about 65 miles from Memphis, I'd bypass e-bay altogether, and just go eyeball Herb's rides.

Like an old Hyundai salesman told me, once. The GLS on the Sonata stands for "Good Luck, ****head".

BenzDiesel · #10 03-05-2006, 09:02 AM

$5,700.00 for a nice car like that. If you are mechanically inclined it is only going to cost you about $3,000 to have it fixed on the upper end. If you have to trust your mechanic for the repair, it will cost you no more than $6,000.00 or there about. So, $5,700 plus $6,000 equals $11,700.00 for a practically NEW car and it is a MERCEDES BENZ, one that in good condition, you can still drive up and be respectable at almost any fine hotel. This opinion applies to you and to your situation, since being the son of a federal judge a few thousand dollars shouldn't be a problem for you. Plus, if you are familiar with luxury Mercedes Benz cars and having to deal with the dealerships, then you know that you can easily spend $3,000.00 for them to tell you that you have a problem. The cost of the repair is extra.

But if it were me, I'd probably still keep the car and consider it a STEAL, but would be screaming to ebay and Pay Pal pressing the issue on the premise that a theft by deception has occurred. Plus, you can't ride in luxury for free!

BenzDiesel

boneheaddoctor · #11 03-05-2006, 09:38 AM

Anything you do MUST be in writing..keeps all copies of ANYTHING. And file immediately. I've won two cases of being screwed by distant sellers on Ebay...if payment was mailed also file a fraud complaint through the Postal service for mail fraud...Don't delay and don't let it drop. File with the FBI for internet fraud and don't think EBAY is the only people to complain to. BE the squeaky wheel and you stand the best chance of getting something out of this...even if its only the cost of a new head.

thelazzarusman · #12 03-05-2006, 10:36 AM

All,

I appreciate your feedback. I especially enjoyed the quip about not having to worry about money because of Dad's profession. That's really cute. Seriously, though, the gravy train ended many years ago, and I only mentioned him because he's a good resource for legal knowledge I would otherwise have to pay for.

However, the California claims court sounds like a good idea--I didn't think of that. As for estimates for repair, I'm already having the trap-oxidizer recall done at the dealership. During that process, would they look at the engine head? Would it even be possible to have all necessary repairs done "in the name of the recall"? I seem to remember that the trap was blamed for head cracking and that the head has been replaced, in some instances, free of charge.

Thanks for your continued support!

D

Hatterasguy · #13 03-05-2006, 10:57 AM

Well if its burning coolant the head needs to be pulled to see if its cracked or just the head gasket is bad. Have the dealer do it only if you have deep pockets, think $6k range for the bill. A new 22 head with all the trimmings is about $3k. Used reconditioned heads are about $1k-$1.5k less. Metric Motors is the place you want to talk to.

I have come to the conclusion that every car seller on ebay is a lieing SOB until they prove to me otherwise.

"If I were serious about buying a vehicle on e-bay, I'd stick with Herb Phillips. Given that I live only about 65 miles from Memphis, I'd bypass e-bay altogether, and just go eyeball Herb's rides."

A couple members of this forum have bought cars from him that did not live up to their expectations. Lets put it that way.

nhdoc · #14 03-05-2006, 11:24 AM

Quote:

Originally Posted by Hatterasguy

..."If I were serious about buying a vehicle on e-bay, I'd stick with Herb Phillips. Given that I live only about 65 miles from Memphis, I'd bypass e-bay altogether, and just go eyeball Herb's rides."

A couple members of this forum have bought cars from him that did not live up to their expectations. Lets put it that way.

Yes, I was thinking the exact same thing...glad I wasn't the only one who heard this.

nhdoc · #15 03-05-2006, 11:32 AM

http://www.nolo.com/article.cfm/objectID/23758E23-F90D-47EB-9C0B4CA696D9CF15/104/284/102/ART/

Read this...and note..I could not find in the listing that he claims it is sold "as-is", even if he had there may be an exception in California, but I think unless the listing says "as-is" you can claim he provided a implied warranty of merchantability.