binding arbitration

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brandonaaron
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binding arbitration

Post by brandonaaron » May 22nd, 2006, 9:27 pm

I sold a car on eBay. 150 positive feedbacks and then this yahoo buys my car and leaves me a negative.

His claim is this:
car was listed with 88,000 miles on it and arrived at his house from transport company with 167000 miles on it.

My claim is this:
I took a pic of the odometer along with the other pics when I listed it and it shows 88k. The auction right after mine was for an odometer for this model car, and he asked them to set the mileage for him.

So I get an email from eBay saying they are investigating this. Then an email from an insurance company rep. I contact the rep with my info and soon the case is dropped, and eBay tells the buyer to take a hike.

Now, the buyer send me a letter from his lawyer brother stating that he wants a thousand dollars or he will sue me. I ignore it and he sues me in small claims court, which is scheduled for next month. I contested it stating that the buyers state had no jurisdiction, but judge said since I mailed the title to the buyer, they do. I checked with the DMV in his state, and 6 months later he still hasnt registered the car. So I dont have a record of what miles he is going to claim when he registers it.

Was the eBay investigation a binding arbitration that ruled in my favor and will make the jjudge throw this out, or do I have to get a lawyer halfway across the country to fight this thing?

This guy seems to want a quick buck, and I dont know what to do. It is going to cost me money to fight him.

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MidoriMeadows
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Post by MidoriMeadows » May 22nd, 2006, 10:03 pm

Oh man. That sucks.
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Doc
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Post by Doc » May 22nd, 2006, 10:03 pm

Do you have an item number??
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brandonaaron
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Post by brandonaaron » May 23rd, 2006, 6:54 am

4599273964
but it has been so long ebay took it down, and the odometer one too. Fortunately, I save the files and printed them out beforehand. 8029985204 was the odometer.

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Doc
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Post by Doc » May 23rd, 2006, 12:28 pm

What year was the car you sold?? Anything in Florida is Exempt if it is 10 years old or more. If this is the case you might use that argument to get the case thrown out.

Do you have a bill of lading from the shipper at pickup showing the mileage??

How much did the buyer sue you for?? Sounds like you are being shaken down by a scam artist. Unfortunately someone can file an action in their state, usually hoping the out of town defendant don't show up, and get a default judgement.. You may have to hire an attorney.

Don't look for any help from eBay, their policy investigation has no bearing on a civil trial that i know of.

Only suggestion i can make is, In the future add this fine print to your listings: In the unlikely event that litigation is needed to settle a dispute between buyer/seller, both parties agree to file in sellers (court in your state/county) jurisdiction.
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brandonaaron
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Post by brandonaaron » May 23rd, 2006, 4:13 pm

I am in Alabama, he is in Wisconsin. The driver that picked it up did a quick inspection of the body and VIN but didnt note the mileage on my receipt. The pretrial is coming up, and I can attend this via teleconference, so maybe I can give the judge my evidence and he will see that we shouldnt go to trial. The car was a 1990 and carfax has nothing on the mileage since 34000 miles. On my auction description I stated that the odometer was showing around 88000 miles but I could not verify that. The whole thing is hanging over my head and is a real downer. I sold this old jeep online for a quick buck because my wife was on twelve weeks maternity leave and we needed the money. I could have sold it locally for more money, but I wanted a fast sale. I was worried about something nutty happening, so I wrote a very detailed description that was several paragraphs long and included over 30 pictures. So now I am busting my butt to pay daycare and formula and all this good stuff, and really dont have the funds to hire a lawyer or go to Wisconsin. All in all the whole thing stinks.

brandonaaron
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Post by brandonaaron » May 23rd, 2006, 4:20 pm

Here is something I found, but his lawsuit is stating that I mislead him and the auction description was false.

"Federal and State Law requires that the Seller of a motor vehicle less than 10 years old complete a written disclosure of odometer reading at the time of sale. This law also requires that all states have an odometer disclosure statement printed on all vehicle titles, and to record previous reading on new title. Federal regulations also require buyer to sign disclosure statement acknowledging the reading. This odometer is EXEMPT from this regulation due to the age of car."

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Doc
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Post by Doc » May 23rd, 2006, 4:56 pm

Was this your personal car? If so you are pretty much home free!

Private Party's are not required to use all the various forms on a "Casual Vehicle Sale" that Dealers are required to do.

Just tell the judge the odometer is Exempt due to the vehicles age! Request the case be dropped due to the Exempt Status..

Done Deal :)
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