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Discussion Starter · #1 ·
I purchased a 1970 mustang fastback on e-bay. the seller stated
that the car was close to show condition. When the car arrived
here in San Diego it didn't run. The lady at the shipping company
noted the problem and I had a friend bring his trailer when we
picked the car up. The car was shipped via a commercial shipper
the car was loaded on the hauler and was never taken off until
it arrived here in San Diego. I called the seller who stated that
the car ran fine when he took it to the shipper but he did state that
they took it there via trailer. I had a profesional shop check the
engine and they found out that the cam had three flat lobes. It
cost me $2,350.00 to have the engine removed cleaned bearing
replaced cam replaced and the engine put back in the car.
Unfortunately four months have gone by. I have been very ill and
the auto shop didn't get the job done in a timely maner.

a. is there any recourse to get my money back for the repair.
 

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Your best weapon here is to threaten bad feedback. Show him the documentation and threaten bad feedback if X amount of money is not refunded. Usually good sellers will come to a satisfactory conclusion with the customer.

Keep it simple before going further to legal situations.
 

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step1, grab a big hammer
step2, take hammer in baseball bat stance
step4. repeatedly smash hammer on various parts of car
step23. take a lunch break
step24 take a big deep breath
step3 write a strongly worded letter to the buyer saying that he should compensate for the lost funds or he will have to deal with your lawyer, or step 2. whichever is easier.
 

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I do think if you read the E-BAY rules you will find that as is has preference unless otherwise stated. Unless there was a statement of guarantee then the seller has no responsibility. The shop that made the repairs only has the responsibility for the work they did. If the work was not done properly then you have a possible claim. Most likely you are left in the cold on this one.
 

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Small claims court may be the only way. You should also report to e-bay. Follow up on ALL your claims. People shouldn't get away with anything like that.
 

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Probably not. Lemon laws don't apply to used car sales.

You should have had the car inspected prior to bidding on it. Most eBay sellers will happily permit a professional inspection and one that doesn't would be a pretty obvious red flag for that seller and vehicle.

Caveat emptor is the rule of the day with used car sales and you probably don't have much leg to stand on. Unless the seller is willing to voluntarily cover the cost of the repairs, you're probably out of luck.

You might try filing in small claims court where the seller lives but you're going to have to travel there to do so and again for the hearing. Even if you prevailed the judge would not likely award your travel expenses so it would be a relatively hollow victory.

Check with an attorney but you're probably going to have to chock this up as an expensive lesson in long-distance car buying.
 

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It depends on whether or not the state of origin had a lemon law, and whether or not your state does. Read the Ebay regulations, too. It is very doubtful that you have any recourse. Even if you did, with court fees and all, you'd probably save money by just paying for the repair. Don't buy cars or property sight unseen. Hard lesson to learn, but don't repeat your mistake.
 
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