Legal Question in Civil Litigation in Illinois

sold a truck

I sold a truck on ebay..I listed all known problems, and the buyer was sent several pictures of the truck. After he won the auction, he came to pick up the truck and we advisedd him not to drive it for a long distance, because we never had. This truck was listed as a project truck. Now he has been sending me harassing emails saying that I was not honest about the truck, and there is several problems with it. How do I know they didn't happen as a result of him driving it such a long way? He now says he has a lawyer and is sueing me. He says this lawyer isn't charging him a $6500 retainer fee because he is sure he will win the case. Is this a ligit case, and would a lawyer just ''waive'' a fee like that? Or he is just trying to scare me?


Asked on 4/03/07, 6:00 pm

2 Answers from Attorneys
Noelle Ansley Noelle Ansley

Re: sold a truck

You really need to review the buyer/seller policy on ebay first. I believe (but I could be wrong on this) that all disputes must be arbitrated by ebay before he can sue. Also, don't worry about his threats of a lawsuit until you are actually served with a complaint. He may just be trying to scare you into rescinding the deal. If he sues you, contact a lawyer that is well-versed in Illinois lemon law.

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Answered on 4/03/07, 9:33 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: sold a truck

Did you state in the listing that you han never driven it for a long distance, or was that oral?

Sounds to me like there is some fiction being presented to you regarding the fee.

Also, doesn't Ebay have a mandatory arbitration clause? I have purchased and sold on there and that is what I recollect.

Good luck

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Answered on 4/03/07, 11:35 pm


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