Legal Question in Personal Injury in California

Not sure where this problem falls under the law.

My brother purchased a vehicle from Ebay. Vehicle arrived at my house NOT in the condition as advertised and describe. Contacted selling party in an attempt to work something out or get his money back. Seller refuses to work with us. Contacted eBay about our problem and we keep on getting the run around from them. Vehicle was purchased from PA, USA. Vehicle is registered from New Mexico.


Asked on 11/27/09, 3:31 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Sounds like the car was originally with one dealer and then sold to another. It may have been in an accident and was declared totaled but was basically fixed. Get the history of the vehicle; if it was in an accident, then the seller mislead your brother and the contract is voidable. Point out to the seller and that if you do not get the money back you obviously will have no choice but to sue and see if something can not be done to prevent others from being taken advantage of. Is the seller a company or individual who does this for his livelihood or is this just a one time sale for him. If he is a dealer, there probably is some state license he must have and state agency to report him to.

Unless EBay has gotten prior complaint about this seller, i doubt they have any liability as they had no notice he was dishonest.

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Answered on 12/02/09, 11:16 pm


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