Ebay mess....please help?

Question

We took our car to a mechanic to get an estimate on the price it would cost to fix. He said all that the timing belt needed to be replaced. The car set for 6 months and because of hardships, we decided to sell it on ebay. We explained in the listing what the mechanic told us. The winning buyer came to pay for and pick up the car and now she is trying to get us to pay for the repairs. She sd it was going to be over $2000.00 and is not just the timing belt. She claims she is taking it to a shop and they told her we lied to her. We explained we are not mechanics, thats why we put details in listing about what the mechanic said to us and now she is real mad. She said she is going to sue us for $3000.00 if we don't pay for the repairs. Then she sd she talked to the police and they told her my husband is a criminal (he has nothing on his record except a speeding ticket) She also filed some kind of consumer report. We don't want to screw her over, but don't know if she is honest....help

To sum it up. I just need advice on how to prove we are not trying to rip her off and if we accidently sold her a mess of a car, we can help, but at the same time, she agreed and took the car after looking and driving it.

Thank you guys so much. I have been worried all night about this...now i can sleep. Just to let you know Artman, she pd 1400.00 plus we paid to get it towed to kansas for her. It was a 96 convertible cavalier with leather interior and all the extras. I thought it was a fair deal considering. I just don't want to rip anyone off myself. I did leave her good feedback at first because she was happy when she picked it up and everything seemed fine. Oh well, lesson learned.

Answer 1

She is trying to rip you off.
There's really nothing she can do other than leave neg feedback. You described the car as best you could, and she took the risk of buying the car "sight unseen".
That's her loss, not yours. Dont worry.
Be sure to leave neg feedback on her to warn other sellers!

Answer 2

Edit

If she paid $1400.00 less towing costs, then it's just riduculous to ask for $2000 or $3000 in repairs; that would mean she gets a car for FREE. No court is going to give her that. At most small claim court would ask you to "undo" the original deal if they think you lied about the car.

To pay for repairs would be like you going to Kmart getting a $50 TV and later saying "it's broken, I don't want to return it, I want to sue Kmart for $5,000 to repair the TV" that would be crazy.

She can't sue you for any money, or repair; she can only sue to have her money back and you get the car back; she is just bluffing about the repairs. If you didn't indicated that the sale was "as is" or "with all faults" then you are responsible under the "implied warranty of fitness for a particular purpose".

And trust me the police have no standing here so don't let her scare you there must be a hundred guys with you husband's name that's all. This is just a commercial transaction. Ignore that loser.

What the law require you is to do is a "FULL DISCLOSURE" of everything you know about the car, you are not guilty of ripping anyone for thing you didn't know about at that time, that's the law. If your mechanic gave you something in writing that might be helpfull. If the problems she is complaining are related to the things you warned her about, then she has no case. And make sure she didn't caused the "other problems" by damaging the car herself.

But you can always take the car back and give her the money if you just don't want any drama (legally she can't force you to pay for any repairs, she can only ask you to take the car back and return the money). And if she did anything to the car (even repairs) you can refuse to take it back; or you can take it back but without having to pay for repairs or stuff you didn't ask for.

Next time do what dealers do when selling used cars, they post "for sale 'AS IS' "

("As-is" legally denotes that the seller is selling, and the buyer is buying an item in whatever condition it presently exists, and that the buyer is accepting the item "with all faults", whether or not immediately apparent.)

Answer 3

All items sold on Ebay, especially used items when problems are reported, are sold "as it"! She accepted that risk when she bought it, and I'm guessing the car would have cost her more than $2K under normal circumstances, so she can use that savings to repair it. You did your best to truthfully report what was wrong with it. She can't do anything except give you negative feedback, to which you can reply to as you see fit. Anything else is harrassment - you pay your money, you take your changes.
PS: The idea that she can sue you is ridiculous, and I hate people who threaten to sue everytime their ice cream cone comes out wrong, she is a manipulator - no attorney will take this case. Don't pay her a dime.

Answer 4

She's full of crap. Let her sue. You can sue anyone for anything. It doesn't mean she's going to win the suit. Contact eBay and see what they say. I'm not a lawyer, but it sound like it will be her and her mechanics word against yours. Hang on to your documentation. Make a note of dates and time s and conversations. save emails. Stay calm and see what happens. I doubt she can get very far. If she does make progress, most states have legal aid which provides low cost or free legal advice. Call the state bar association for their number. Just remember that you get what you pay for. If you really think you're in the creek hire a good attorney. I doubt it will progress to this. Don't panic until there is a clear and present need. It sounds to me like she's coming on strong to intimidate you into parting with some cash. Let her blow. Stay calm. Document everything. Make copies.
Good luck!

Answer 5

It's called buyer beware. She accepted the car after you explained the problems to her and she would find it difficult to do anything about it as you gave no guarantees or warranties for the car. The most she could do is to leave a negative feedback on EBay. You could tell her to stop harassing you and making your life difficult and if she doesn't and wants to continue to create trouble for you, then it is you who should complain to the police. Legally there is little she can do. For all you know this damage could have happened after she took the car. Don't fall for idle threats.

Answer 6

It sounds like she is trying to scare you into paying for her mistake. As long as you stated what was wrong with the car in your description and sold the car "as is" its really her loss. You could also ask your mechanic, the one who first diagnosed the problem, to put something in writing. No one told her dumba** to buy a car without having it checked out first! She doesn't have a legal leg to stand on.

Answer 7

I think she is telling you anything so that you will pay for the repairs. I would look into it further about what your rights are. If you sold the car 'as is' she can not do anything about it. She could have got an inspection herself before committing to buy it.

I wish you the best of luck in sorting this out, it sounds kind of tricky. Also, check her ebay rating to see if maybe she has done this kind of thing before!

Answer 8

I would say you have nothing to worry about at all. Buyers often tend to get emotionally tied up in the process of buying, especially when they buy in haste...then they make threats in an attempt to scare you. In reality it more often just makes you as the seller less willing to accommodate to any of their needs. I would try to explain to the buyer you have not attempted to defraud them and the information provided was to the best of your knowledge, not guaranteed or warranted. Don't worry about her threats with the police and others, they are probably just fabricated.

Answer 9

If your bill of sale stated "no warranties expressed or implied" or "Sold as Is", I would say you have nothing to worry about. You may want to mention it to your mechanic, so if she does take you to court, he can vouch for his findings.

Answer 10

Cars are sold "as is." It's tough luck for her.