Legal Question in Credit and Debt Law in Massachusetts
HELP ! seller refuses to return money
in october 2005 I purchased a vehicle from e-bay and wired transferred $1,119.00 for the vehicle. In accordance with ebay and sellers policy the neon car was picked up but after 2 hours due to maechanical fefects the vehicle broke down. Seller stated said vehicle was in perfect performasnce and condition,
however After informing the seller. Mr Vaveed Khan from his company National Sales Auto he agreed that he will defunately return the full purcgase price, besides having the vehicle back in hos possession I pleaded I begeed and continually asked that he returned the money, . However he has never returned the money. I am not able to travel or go up there since I live on a small income and I barely able to survive.
I am asking for help, what what help I can get. It is a lot of money. Can someone please help me.
1 Answer from Attorneys
Re: HELP ! seller refuses to return money
A quick Google search does not show a company called "National Sales Autos." Evidently you did not check out the seller on eBay, did not check out the car's VIN on carfacts.com and failed to heed almost eveyone's advice not to buy cars on eBay, even eBay's own web site advises caution. And you did not use a credit card, so you get no help there.
You will probably have to rely on Ebay to enforce their policy of not allowing people who do not honor the terms they post on eBay to continue to use eBay.
Have you filed a complaint with eBay?
Even assuming "Vaveed Khan" is a real name, if he does not perform, you can try to make life difficult for him but unless you can spend money for a lawyer in whatever state he is located, you probably have lost the money.
IF he is licensed as a car dealer in a state, you can usually file a complaint with the licensing authority. In most states, that will not get you very far.
If he is in MA and is a used car dealer, you can send the dealer a letter, certified mail retutn receipt, "pursuant to Mass. General LAws Chapter 93A," stating what happened and what you want him to do about it. He has 30 days to send you a written response. If he does not, or if the response is not adequate, you can sue him and possibly collect double or treble damages and attorney's fees and costs. Make sure you keep a copy of the letter and the green return receipt.
If he is in MA, there may be a different lemon law you can use, which is if it would cost more than 10% of the purchase price to repair to the point of being able to receive an inspection sticker, you can get your money back, and you can even leave the vehicle at his residence, if he is not a dealer, or his place of business, with the key and demand your money back.
Finally, you can try the consumer protection division of the MA Attorney General, available online at mass.gov. They may know this guy or his real name, and may be helpful, since this an election year.