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Old 03-06-2017, 11:44 AM   #2
Jersey Mike
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This is ******. So the eBay seller tried flipping a car that he had never seen before, and made false claims regarding it? If so, I'd really drive that point home to win favor with whoever is arbitrating this for you.

In the interim, I'll play Devil's Advocate, strictly for the purpose of helping you prepare for any counterarguments anyone may throw at you during all of this.

The eBay ad you linked to say:
Quote:
Originally Posted by eBay ad
Don't let the miles scare you, this is a good running Outback, high highway mileage with no warning light at the dash. No headgasket issue, just runs great. Properly maintained and it shows.
Recently done:

Sway bar links
Brakes + Rotors
Battery
Transmission service and flush
...
Sold in as is condition, no trade or warranty.
A $500 deposit is due at the end of auction and remainder with 3 days.
No reserve auction.
Thank you

- His listing says "no warning light at the dash." You prove his point when, in your original post, you said that you got behind the wheel & left with no CEL. I would be careful arguing this one. Technically, a dick person could disconnect the battery to temporarily clear the codes then claim "Hey, it had no CEL when you took over. You took possession of a car with no CEL & after there was a transfer in the chain of custody, I have no idea what you did with the car & you may as well have caused the CEL to come on yourself--I can't be held responsible for your actions once you took over." More than likely, these are existing issues that were momentarily masked for the purposes of deceiving you, and aren't issues you caused in the first few miles of driving the car. You just need to find enough irrefutable points to make this case.

- He does mention "recently done: battery" so that may or may not help in making the case that he knew of the underlying issues/codes.

- I would absolutely highlight that he advertises it as "properly maintained" but the air conditioning did not work, a piece of the intake piping is missing, there are issues with the brakes, and there is an abnormal sound coming from the suspension.

- The seller really doesn't go into much detail in that eBay post, so there isn't much meat on the bone to work with, so you gotta tear apart as many factual things as you can. The fact that he said Sway Bar Endlinks were done, but they obviously were not & the gentleman in PA handed you NIB endlinks to replace yourself is something else that you can use to chip away at any credibility/benefit-of-the-doubt that any 3rd party tries to give the seller.

- "Recently serviced transmission." -- Recent is very subjective. What you think "recent" implies will vary from what my interpretation of the word is. I would emphasis how quickly after receipt you checked the transmission fluid.

- You say the car is running "Okay" whereas he described it as running "good." Again, this is an interpretation thing and while I would definitely mention it to eBay/Police, I wouldn't rest a lot of my case on this sentence. He was definitely misleading in that he said [a car he's never owned, driven, or even seen before] is "good running" and "drives great."


The seller lied to you & possibly to the gentleman who the vehicle was titled to. He has no business making claims he cannot attest to. He misled you to believe you were purchasing something other than what you received. This is the type of jerk that makes people fear using eBay.


I hope you get this resolved quickly & painlessly. I'll be watching to see what eBay does. Sorry, dude. Keep us posted & get your money back. Look into whether or not you can get the police and the Fed involved. Good luck.
__________________

1995 Firebird... Stock-ish.
Quote:
Originally Posted by LS1ow View Post
Good. He microwaved my phone 6 years ago, i hope his intake erupts.

Last edited by Jersey Mike; 03-06-2017 at 11:51 AM.
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