86 35 ft BB Question

[Ryan Wright]

On 9/6/06, mbulriss <mbulriss@...> wrote:
>
> As I understood the thread, Gail negotiated with the salesman and
> agreed to buy the Bird outside the eBay system, so whatever on the
> eBay listing is moot.

In general I would agree, however, I was looking at it from a legal
standpoint. Chances are in any lawsuit - small claims or not - the
seller will bring the eBay listing forth as evidence. The fact that
the purchase was negotiated over the phone instead of through eBay is
immaterial: The eBay listing is the "advertisement" that was responded
to and it's terms and conditions would likely be considered valid by a
judge. It's no different than if they had placed the same ad in a
local newspaper and someone called them up.

Now, the seller may have made contradictory statements on the phone,
but since there is no proof of that it's not going to be admissable
into evidence. I can all but guarantee the eBay ad would be considered
valid in determining liability and that ad essentially says, "We have
a coach here. Who knows what the condition is. Buyer beware. Deposit
is not refundable."

> I believe he stated that he bought it *based
> upon representations* by the salesman as to the items that were being
> repaired and readied for his arrival. Seems like it's worth a state
> attorney general call about a breached sale contract to get the
> deposit back.

I agree with you here. I doubt a state attorney general is going to
get the deposit back, but they may do an investigation that will
prompt the dealership to voluntarily return the money.

Certainly I would try to fight this any way possible. In my opinion,
the dealership screwed Gail pretty good and they should refund the
money. I just don't think there is any legal standing to get it back,
notwithstanding any laws I may not be aware of.

-Ryan