Legal Question in Consumer Law in Ohio

Non Authentic eBay purchase

I bought a set of Kerker headers for my VMAX motorcycle on eBay for 524.00 total. I installed them and started up the bike and when I came back to the bike a few minutes later, it looked like it was on fire. The pipes had been painted with a cheap spray paint. The thing is, the seller listed them as KERKER and I found out from Kerker that they have never made a Black exhaust for the VMAX. The lettering on the pipes are not those of what would be used for an authentic Kerker. I will only get a full refund of my money IF the guy has the funds in his PayPal account, otherwise, it will be 200. minus a 25.00 eBay ''processing fee''. I live in Missouri, he lives in another state. The seller was supposed to have sent a call tag for a shipper to come and pick them up, but hasn't. I was wanting to find out, what are my options as to what I can do. I have emails from me, Kerker,and him to back this up.

Thank you.


Asked on 6/14/05, 7:26 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Non Authentic eBay purchase

Because he sold into Missouri, he is subject to Chapter 407 of the Revised Statutes. That statute says:

407.020. 1. The act, use or employment by any person of any deception, fraud, false pretense, false promise, misrepresentation, unfair practice or the concealment, suppression, or omission of any material fact in connection with the sale or advertisement of any merchandise in trade or commerce or the solicitation of any funds for any charitable purpose, as defined in section 407.453, in or from the state of Missouri, is declared to be an unlawful practice. The use by any person, in connection with the sale or advertisement of any merchandise in trade or commerce or the solicitation of any funds for any charitable purpose, as defined in section 407.453, in or from the state of Missouri of the fact that the attorney general has approved any filing required by this chapter as the approval, sanction or endorsement of any activity, project or action of such person, is declared to be an unlawful practice. Any act, use or employment declared unlawful by this subsection violates this subsection whether committed before, during or after the sale, advertisement or solicitation.

The seller has engaged in deception, false pretense, and most likely, tradename infringement. In addition to the potential criminal exposure, he is liable to you for all your damages. If he fails to return your money, assuming you have his contact information, you can sue him in small claims court to recover your money.

You may want to find a local lawyer who can write him a letter and tell him to cough up the dough or face the justice system.

Good luck.

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Answered on 6/15/05, 6:07 am


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