Legal Question in Business Law in Utah

Buying a Jeep top on the internet

May 9th I bought a Jeep Supertop (a soft top) on eBay. My first on-line purchase. It was not an auction but a buy it now purchase. May 23, I learned that PayPal mistakenly tried to pay the wrong person and refunded my money. I notified the seller and instead of going through PayPal, I mailed him a Cashiers Check, sent by certified return reciept request May 30. He cashed the check on June 9th (I do have a copy of the cashed check front & back). June 14th I asked for a tracking # by e-mail. He responded asking when and how I paid? After e-mailing him the details, there has been basically no communication (on his part). He had a positive feedback rating of over 98%. I discovered that I cannot go through eBay to dispute the issue because it's been over 60 days. I know I did some things wrong. But the bottom line is I'm out $624.95. The company is located in North Carolina, I'm in Utah. Just recently I ordered a Jeep top locally, costing an extra $146 (it's been over 2 1/2 months). Quite honestly I don't trust the company to send the top anymore, believing it could be damaged, the wrong color, the wrong top, etc. Question: Can I get my money back? If not, what are my options?


Asked on 7/31/06, 7:23 pm

1 Answer from Attorneys
Mel Larew

Re: Buying a Jeep top on the internet

Hello,

The first thing you should do at this point is get a copy of your canceled check from the bank. They can do that. If you don't have your receipt for the check, they can track it by the date you purchased it, the account (if any) you withdrew from, who the Payee was, etc. You can provide that to the company. If that gets no favorable response, then talk to the Better Business Bureau in the seller's city or threaten to do so. If all else fails, you can, of course, sue, for whatever good that may do. You still have options, but the proof of payment to them is your best bet. Their endorsement on the reverse of the check will be hard to dispute.

Good luck.

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Answered on 8/01/06, 7:43 pm


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