Legal question about returning posession of a vehicle.?

Question

Hey all.
I know I should probably be asking this to a lawyer, and will, I just wanted to get some opinion to explore the ideas other may have.

I purchased an RV on eBay and found that after I purchased the vehicle it was NOT as described.

I received 90% of the money paid to the seller back from my credit card (still waiting on 1 more dispute for the deposit). I am just trying to figure out what to do next.

What am I to do with this vehicle? I'm not about to pump the money in gas into abandoning this vehicle in his front yard. He's ignoring all calls and emails. Technically the vehicle is in my possession and registered to me BUT, because the charges were denied and his account is now negative, in his eyes I still owe the money? So if I were to just sell it and reclaim my lost money, then he could come after me later for the money that was denied to him?

I don't know if theres a process I do (like serve him a letter to pick this up and after xx days its abandoned & I could sell it)

I wanted to add, for those commenting that I should've tested it first. Before even giving him a dime I went and checked it out. The thing was he purposely hid damage. There was a huge hole in the wall hidden behind decorative curtains that had to be literally ripped from the wall to see. I don't think he would've appreciated me ripping apart the vehicle (literally) prior to paying him. That also, as I presume, would leave me liable for damages to his property had I not gone with the deal.

The bottom line was I talked to him and inspected the vehicle for about an hour prior to paying him and since the damage was not visible, I could only go on his word. That is where I believe the fraud occurred; "everythings great, no leaks, perfect" then I leave and 2 weeks later find there is leaks and hidden damage.

Everything is WELL documented. I have an 81 page book that I bound and used with my credit dispute and retained a copy in case this goes to court. Thanks for the answers, much help!

Answer 1

I don't know, but I'd never buy a used vehicle over the internet or any other way without seeing and driving it and having a mechanic look it over. You might think you are saving money but then stuff like this happens and you end up paying a lawyer...

Answer 2

You need to review the terms and conditions of the sale of the vehicle. Also the terms and conditions for ebay. I am not certain how things are stated on either! If you purchased something and were mislead into that purchase, then legally you have the right to back out, unless otherwise stated in the purchasing contract (terms and conditions). Read all of those documents closely, then I would contact a lawyer to have a legal document drawn up and sent to the seller. (The cost for the lawyer will be well worth it, if it keeps you out of jail or court later on!)
Am I correctly understanding that teh vehicle is now registered to you and you hold the title?! If so, then the vehicle is yours, again unless stated somewhere in your legal sales paperwork! Posession is 9/10s of the law! You posses the vehicle and the title-it's yours!
Good luck! But, again I will tell you, if you were mislead into purchasing something, especially a vehicle, then you have the right to back out, unless it is specifically stated on any of the sales paperwork!

Answer 3

To my knowledge, if you bought the vehicle outright, and it's registered in your name, the seller has no further rights or claims on the vehicle whatsoever. The fact that you reclaimed the money, due to what was, essentially, fraud, does not give the former owner any additional claims. You had a contract. He sold you a vehicle, you purchased the vehicle. Upon finding that the vehicle was not as promised, you canceled the contract and demanded your money back. Yes, I would go to a lawyer, but don't worry. You can sell the vehicle and keep whatever money you make. You do not need to serve process, unless you really want him to pick up the vehicle. I wouldn't bother. I'd just sell it and the heck with him.

Answer 4

Sounds like you should hold on to it for a bit. This situation might take a while to resolve and you may definately don't want to sell the vehicle. If this were to go to a judge, the judge might make you both split the cost of gas and travel to return the vehicle. I know you would be taking a loss on the return, but that's how some deals go sometimes.

Then again, the judge might be a prick and just make you keep it. He/She might even rule to split the difference of the value of the vehicle and make you pay a fraction of the cost and keep it. This is a complicated issue because it will be different for each state (if you live in the US).

Answer 5

I don't know what state you are in and laws may be different than what I understand my state's to be, but if the vehicle is legally in your possession, you have the right to dispose of it as you see fit. If you are worried about him coming after you for money or the vehicle. I would sit down with a lawyer and have something written up that like you said gives him x amount of days to transport the vehicle to his location of choice, if after that time the vehicle has not been moved, you have full ownership rights and will do what you choose with the RV.

Answer 6

I believe that you shouldn't buy something that you can't hold in your hand and test it out. That is why most dealerships let you test drive. I believe that it is your fault for getting screwed over like that. That sounds mean but that is what i believe. Well back to your question you can serve him papers telling him tha the does have xxdays to respond and set up a place to pick up the vehicle and if he doesn't then you can put it up for auction. Then you need to place a comment about that person on ebay that they are false advertizing. And that will keep everyone else from making the same mistake you did. And the money you lost you need to just take it as a loss. I know money is something that can' t easily be wasted. But that's all you can do the rest is up to him/her

Answer 7

Your issue is that of a "civil" nature. Because you entered in to an agreement with the seller, you either have to pay him for his merchandise or return the merchandise. You can't have both.

You should document your attempts to contact the previous owner and as for your attempt to sell the merchandise to claim your loss, you should do that through the court system so that you are covered by the orders of the judge! That takes the liability off of you!

A local attorney should be able to guide you in the right direction!

Best wishes!

Answer 8

If the money has been refunded, you do not own the vehicle - the contract between you has been voided. In which case, you must return his property. You can tell him to come and get it of course.

Answer 9

Very bad idea to sell it. Get an attorney. You might be liable because regardless of the condition, you made the purchase. If your state has any lemon laws? then you might have a case.

Answer 10

i went to best buy and bought a computer. i later changed my mind and returned it. they charged me a 15% re-stocking fee. you got 90% of your money back and you own the car. i don't see the problem