http://www.craigslist.org/pen/car/54738236.html

1999 BMW 328i 46k miles, black and shiny, clear title - $5999 (menlo park)
Reply to: anon-54738236@craigslist.org
Date: 2005-01-06, 7:25PM PST


1999 BMW 328i
46k miles
clear title
rear spoiler
manual transmission
heated leather seats
power windows
power seats
power locks
moonroof

This car is a smooth shifting, peppy BMW 328i. It has low mileage and a clear title. It is priced so low because it was in an accident and needs work. It doesn't look like it's been in an accident because it was repaired to look good and drive. I got an estimate from a body shop for $5k and that's more than I can spend. The title will not be re-branded.

Here's the story on this car. I bought it on eBay for $14k. When I brought it in to my mechanic to get it smogged, my mechanic saw that it had been in an accident. I then brought it to a body shop, and got an estimate for the repairs. The problems follow: The front driver side strut tower is not aligned and needs to be re-aligned. The rear end was replaced, but soldered rather than welded, so it needs to be redone correctly.

I'm selling this car as-is, and it won't be smogged.

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Can Ebay do something for the poor guy?

Since most sales are "as-is" the old Caveat Emptor applies, unless there was some warranty. Why did the buyer do his "due diligence" after the purchase?

Jeese.....thats a walking lawsuit.....I wonder why he never filed against the seller.

__________________
Proud owner of ....
1971 280SE W108
1979 300SD W116
1983 300D W123
1975 Ironhead Sportster chopper
1987 GMC 3/4 ton 4X4 Diesel
1989 Honda Civic (Heavily modified)
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Section 609 MVAC Certified
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"He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you." - Friedrich Nietzsche

I hear that. I don't see how eBay can be liable, however they maintain records of auctions. Clearly by not disclosing the true condition the seller is 100% liable for the misrepresentation of the car.

__________________
'83 240D with 617.952 and 2.88
'01 VW Beetle TDI
'05 Jeep Liberty CRD
'89 Toyota 4x4, needs 2L-T
'78 280Z with L28ET - 12.86@110
Oil Burner Kartel #35

http://i16.photobucket.com/albums/b1...oD/bioclip.jpg

Again, I would disagree, depending on the actual wording used in the sale listing. What duty does a seller have to a buyer in an "as-is" sale?

If the seller was a dealer, they would be bound by the FTC rules on used car sales, which is why pretty much all used car lots in the country use that FTC mandated white 8.5" x 11" sticker on their cars.

I see your point. It would have to depend on how the auction was worded and the specific communications between buyer and seller to determine if the vehicle's condition was misrepresented rather than undisclosed.

__________________
'83 240D with 617.952 and 2.88
'01 VW Beetle TDI
'05 Jeep Liberty CRD
'89 Toyota 4x4, needs 2L-T
'78 280Z with L28ET - 12.86@110
Oil Burner Kartel #35

http://i16.photobucket.com/albums/b1...oD/bioclip.jpg

lmfao..soldered instead of welded...HAHAHA

lemme see here...forget the welding rod, I'll just get out my soldering iron on this REAR END
hahaha
I bought my GTP off of ebay and got a SA-MOKIN deal on it. $5200

__________________
1992 300TE 4matic - Just obtained 12/22/06
1983 300D - SOLD
1997 Dodge 2500 - CTD 400+HP, 1100ft/lbs torque

BHD, that's a lawsuit that you cannot win. The seller may not have known the fact that the vehicle had collision or that the rear end was "soldered". Remember these guys are not all that bright when it comes to the condition of a vehicle. We laugh when they get the number of doors wrong or they refer to a timing belt that the vehicle does not have.

What are the odds that the seller, if he was the typical used car dealer, had any knowledge of the problems of this vehicle? And, if he did have knowledge, he is not obligated to disclose that knowledge in the auction. All the auctions clearly state that there is no warranty and that the vehicle should be thoroughly inspected prior to the end of the auction. Is this realistic for most people? Definitely not. But, those are the risks that you take with e-bay.

The sole remedy of this buyer is negative feedback, hardly a consolation when you have lost $9K.

So, how long would the rear end last before it fell off?

I'm just sayin', if you got two years' use out of the thing, it might be worth it to you. And then sell off the parts. Or something.

Well, I bet that buyer never makes that mistake again . . . and we all learn from this classic tale of woe and buyer's remorse, so some good has already come of it.

Not sure what he means when he says he "soldered" the rear end?

You would have thought that you could "feel" it in the way it drove if a drivers side strut tower was not aligned. Wonder how the car drove out?

__________________
Jim

This car cannot drive or ride very well UPON DELIVERY. Yet, the seller reveals the fact that the car is not at all right. Best advise? Read the ad and forget it.

Thank,
Richard

It works for hemmoriods, not sure about cars.