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Lack of Support from EBay
Posted Wed September 17, 2008 12:00 pm, by Mark M. written to EBay
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I just purchased the 2008 Saturn Outlook that was for sale on Ebay... it arrived today, only to find out that the car had been in an accident. Since we purchased it from a broker in Miami Florida and we are in Northern California, I made sure to ask the broker to let me know if the car had been damaged or in an accident, he informed me that the car was perfect, in excellent shape... NOT THE CASE.
When the car arrived I inspected it only to find paint overspray on the rear of the vehicle, on the rear bumper and noticed that the rear cargo door had been repainted. I took the car immediately to the nearest Saturn Dealer (Saturn of Roseville) and they confirmed what I suspected, that the car in fact had been in an accident.
I want either one of two things here... one, the car picked up and my original funds replaced, meaning my $23,000 and the $1150 for the transport of this car, as well as the $1180 I had to pay in Sales Tax and fees to register this car... or two a check in the amount of $2,500 to have this car repaired the way it should have been.
I believe this has been a fraudualent deal and I have no problem filing a claim with the State Attorney General in Miami-Dade County. We are a hard working American family and to have been mislead is not only a disgrace to my family but a crime.
I want this car picked up, my money refunded in full for $25,000 prior to this car leaving my possession. This is crime!!!
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by X H. Posted Mon October 6, 2008 @ 2:28 AM
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Before purchasing the car, didn't the ebay policy state you may return the car if unsatisfied within 5days of recieving the car?
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by Jessica P. Posted Thu September 25, 2008 @ 12:09 PM
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http://pages.ebay.com/help/tp/inr-snad-process.html
"Item Not Received or Significantly Not as Described Process
If you have paid for an item, but didn't receive it, or if you paid for and received an item, but it was significantly different from the item description, you should communicate directly with your seller to find a solution. Most problems can be solved by direct communication between buyers and sellers (see tips for communicating with your trading partner). Our User Agreement states that sellers must deliver the items that buyers purchase from them.
If you have tried to contact the seller by email but haven't received a response, you can also request the seller's contact information and phone them.
How to communicate with the seller
To help you to communicate with the seller, we have developed the dispute console. This online communication tool helps you track, discuss, and resolve a problem as quickly as possible. All information posted in this tool is accessible anytime by you, the seller and eBay Customer Support. Learn more about reporting and tracking disputes.
If the dispute can't be resolved, you can report the seller to our Trust and Safety team. Our Trust and Safety team may take appropriate actions if they find the seller has violated our Seller Non-Performance policy.
Important:
The eBay dispute process is separate from the process of filing claims to get your money back. eBay only facilitates buyer and seller conversations through the Item Not Received (INR) or Significantly Not as Described process. As a result of the discussion, the seller may or may not decide to issue a refund to you. Depending on your payment method, you can request Buyer Protection, which covers eligible purchases up to a certain amount. Learn more about buyer protection on eBay For information about PayPal Protection Programs see PayPal dispute resolutions.
There are time limitations to both file a dispute and to file claims. It is important to know these time deadlines and plan your actions accordingly. For example, the buyer has 60 days to file a dispute, but PayPal claims must be filed within 45 days of the PayPal payment.
How to report and resolve a problem
Step 1
Step 2
Step 3
Step 4
Step 5
The buyer opens a dispute (between 10 and 60 days after the purchase date)
eBay contacts the seller (immediately after you've reported a dispute)
The seller responds (any time within the next 10 days)
The buyer and seller communicate
The dispute is closed (either escalated to Trust and Safety or closed by mutual agreement)
Step 1: The buyer opens a dispute
To report a problem with an item that was not received or significantly not as described, go to eBay's dispute console. The problem needs to be reported between 10 and 60 days after the purchase date.
When you report an item, you indicate that you haven't received the item or that you have received it, but it was significantly different from the item description.
Report a problem with an item
View your open disputes in the dispute console overview
Note: Your eligibility for reimbursement through our buyer protection programs is determined by the payment method that you've used and the eBay country site where you have purchased the item.
If you've paid with PayPal, you are covered by PayPal Buyer Protection and will be redirected to the PayPal Web site to report your problem.
You can only report a problem on the specific eBay country site where you've purchased the item. Learn more about buyer protection on eBay.
If you bought the item as a guest, you will need to register to open a dispute.
Step 2: eBay contacts the seller
After you've reported your problem on the dispute console, we contact the seller, informing them that you've reported a problem with an item and encourage them to communicate with you within the next 10 days.
Most of the time, this direct communication resolves the dispute before you have to take further steps.
Step 3: The seller responds
If the seller responds, you'll be notified by email. The seller has the following response options:
I'd like to communicate with the buyer to resolve this dispute. The seller can then post a message for you to review.
For a dispute with an item not received, the seller can also respond:
I haven't received payment or the payment has not yet cleared.
I already shipped the item. If the item has already been shipped, the seller may provide shipping details for you to review.
I'd like to offer the buyer a full refund. The seller can offer to return your payment.
For a dispute with an item significantly not as described, the seller can also respond:
I'd like to offer the buyer a full refund. The seller can offer to return your payment.
Step 4: The buyer and seller communicate
After the seller has responded, you can communicate with him or her directly through the dispute console to resolve the problem.
All information posted in this tool will be accessible anytime by you, the seller, and eBay Customer Support.
Step 5: The dispute is closed
You have two options to close the dispute:
My concerns have been resolved I want to close the dispute.
Choose this option if your issues haven been completely resolved. For example, make sure that you have received the item and it is exactly as described, or that you have received a refund. A closed dispute can't be re-opened and you can't file another dispute for this purchase.
My concerns haven't been resolved I want to report this seller to the eBay Trust and Safety team.
When you select this option, our Trust and Safety team is immediately alerted about the problem and may take appropriate actions if they find the seller has violated our Seller Non-Performance policy. Actions may include restrictions or suspension of the seller's account.
Timeline: The buyer can close the dispute at any time if the issue is resolved. The buyer can report the seller if the seller does not respond within 10 days, or anytime after the seller responds.
A dispute can only be open for 90 days after the purchase date. If you don't close the dispute within 90 days, it will be automatically closed. When a dispute is automatically closed, the seller is not reported to eBay's Trust and Safety team.
Leaving Feedback
After you file a dispute, we encourage you to leave Feedback for the transaction. Please be honest, fair, and factual. This will help make other members aware of your experience and help keep eBay a safe place to buy and sell.
The Feedback Score of buyers and sellers who were involved in a dispute reported through our dispute console is not automatically affected."
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by Bud4379 Posted Fri September 19, 2008 @ 9:07 PM
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I think you need to send a copy of this letter to the media: PC Times, Time Magazine, Newsweek, the Associated Press, Popular Mechanics, The Miami Herald. And send a copy of the letter to the delaer and let them know that this is only the beginning; that your printer still has lots of toner in it and that you love to type.
Good luck!
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by tali Posted Thu September 18, 2008 @ 6:46 AM
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You will need to file an "item not as described" through ebay. Keep all your documentation, as you may need it. Did you pay through paypal? Credit Card? Recourse there too. Good Luck!
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by SusanB Posted Thu September 18, 2008 @ 3:34 AM
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Mark: After reading your comments below (and thanks for taking the time to give us clarification on the details of this transaction), it appears that you did due diligence before purchasing the car in the form of getting a CarFax report that somehow did not have a record of the accident. Correct me if I'm wrong, but the damage to this vehicle appears to be cosmetic (paint) and not a mechanical issue. So I think your major issue regarding this situation is that the broker lied to you and now you no longer want the car as you will always be wondering what else he didn't tell you about.
Either way, the party you need to go after is the broker, not eBay, as they are the ones that actually sold you the car. It's too bad that eBay won't become involved on your behalf and that your claim appears to fall outside of their buyer protection plan for motor vehicles.
Lots of people purchase cars via eBay and never have a problem.
Please keep us posted as to how you are finally able to resolve this dispute.
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by DSG12 Posted Wed September 17, 2008 @ 11:03 PM
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Holy crap- I can not IMAGINE buying a CAR on eBay...
Who does that?!
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by Donno Posted Wed September 17, 2008 @ 10:39 PM
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You have to go after the seller, not Ebay. You bought a car, sight unseen, for $25,000. That's amazing. "I made sure to ask the broker to let me know if the car had been damaged or in an accident, he informed me that the car was perfect, in excellent shape." I note that the broker didn't answer your question.
There are only a few reasons a new or newer car ends up for sale on ebay. A main reason is something is wrong with it. You should have had the car checked by someone before agreeing to purchase it.
What do you want ebay to do?
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by creativejoe2 Posted Wed September 17, 2008 @ 8:01 PM
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On another note, i have tried to contact the Seller, Lester Adams at Escalade Leasing Corp in Miami, Florida, he said he know nothing about the car being in an accident in many a phone call with him...then in one phone call he did the same thing, told me he knew nothing about this vehicle being in an accident and then minutes later disclosed to me that he had the accident report from Chattanooga Tennessee from February 2008 by the Police Department, so which is it, he knew or he didn't know? Gotta love Used Cars Sale People.
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by creativejoe2 Posted Wed September 17, 2008 @ 7:56 PM
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Hi everyone:
I appreciate your comments on this matter that i have posted as my support from ebay, i ran a CarFax report and all came out clean. I was informed, after the fact, that CarFax doesn't report a lot of information, i found out the hard way that AUTOCHECK.com is the place to have an auto report done prior to purchasing any car. I was also informed, by Ebay, before purchasing the car, that if there was anything wrong with the vehicle, that since the listing and deal was done thru an Ebay Auction, as a means to facilitate the transaction, that Ebay would back any issues with a car up to $50,000, that's not the case, what they didn't disclose to me was that the $50,000 only kicks in when a car arrives, damaged and needs to be repaired with a minimum work order of $1,500 or more...this was not the case with my car, it looked perfect, until i took it to the local Saturn Dealer, they informed me of the hidden damages, that's when i started my investigation, believe me to all of you, I have done my homework here, and thought i was protected, but thats not the case...
Mark
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Agree
by Katseyes Thu September 18, 2008 @ 8:18 AM
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thanx
by SuzieCat Thu September 18, 2008 @ 10:08 AM
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by SusanB Posted Wed September 17, 2008 @ 7:10 PM
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A. eBay does not sell vehicles (or anything else). Their purpose on earth is to provide a method for sellers to list items.
B. Therefore, your complaint is against the broker who sold you the car, not eBay.
C. You state that you "made sure to ask the broker to let me know if the car had been damaged or in an accident". It was your responsibility to get the VIN number and run a CarFax report on the vehicle before shelling out $25K.
The first page that pops up when you go to eBay Motors cautions the buyers, more than once, to order a history report, which you did not do.
However, I read the eBay Vehicle Purchase Protection plan and it appears that you may be able to have your situation resolved by reading and following the procedures. There is a time limit on this plan so I would strongly suggest you pursue this avenue ASAP instead of wasting your time making demands on a third part website.
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by Cor H. Posted Wed September 17, 2008 @ 6:33 PM
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The third paragraph offers two options for a resolution to this problem. The final line, however, makes a demand only for the first of the original two options.
Which one does the OP want? I recommend making certain the letter flows logically before submitting it.
Also, I would never purchase a vehicle online at all, much less buying one without doing an appropriate check on its background.
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I guess my attitude is, why buy such an expensive item sight unseen over the internet? It's just too risky for my liking. It's bad enough when you think of people who get ripped off this way over $100 or $500 items, but $25K? I think I'll keep my big purchases local, where I have a LOT more control.
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by SuzieCat Posted Wed September 17, 2008 @ 3:10 PM
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You didnt get the VIN and order a CarFax report before buying a car sight unseen? EEEEK!!!
being used, you may be stuck in an "as is" situation.
Good luck and I hope you are able to reach some sort of resolution.
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