I Sold on Ebay, now WTF? I got paid!

[Metallicar]

This may not be the typical Ebay story. I am in a quandary, so I ask what would you do?

 

 

On February 8th of 2005, my auction of an antique car ended. The high bidder placed his winning bid in the last few seconds of the auction. After a couple of days, I did not hear from the buyer. I sent a few e-mails, no reply. I found the guy's phone number in the information permitted by Ebay, and gave him a call.

 

 

The guy is across the country, says he has to make a trip out east to pick up a few other cars and visit some friends, in a few weeks. So, I lay down the law, and I tell him, just like my listing explained, Pay Me! So he agrees, he did in fact wire the funds into my checking account as we had worked out, the very next day. I had to go out of town, but I had the title with me. So, as I agreed, I overnight the title to him, express mail. I called him up the next day, and he said he received the title and he would be able to pick up the car in early March.

 

 

The last week of February, I call him and confirm the day he is going to pick up the car. It happened that I needed to go out of town again that week, I explained, But I would rearrange my schedule and be there. The appointed day comes (March 6), I call him on his cell phone and he tells me, he is still at home and cannot make it until sometime in April. He would call. I was a bit miffed, having to arrange things to accommodate him, "No big deal" I told him, and I could keep the car in my rented garage for a while.

 

 

I emailed him April 14, I even added a picture of his now paid for vehicle, asking remember me? Where are you now? No answer from him.

 

 

In the middle of May, I email him again, telling him I am moving. I need him to get the car. The garage owner gets paid rent for the space. $300 a month. No answer from him.

 

 

I did in fact move, from my house, across the river to NJ. The car is still in the rented garage that I have still been paying for. The summer went by pretty quick. I have kept up with the garage space rent, as I have been using it somewhat, since the sold car was there anyway.

 

 

I emailed the guy August 11. I explained he needs to pay the $300@ Month rent for May thru Sept, which I lay out, or I will sell off the car again, to recover the money. August 22nd, I get a phone message from him. He says, he never got the title, he has been trying to reach me, and I never told him he would have to pay for the storage.

 

 

I emailed him back on August 23rd, as I did not want to get into a yelling match, and I wanted to keep a written record of this. I explained that as far as I am concerned, he has abandoned the car; I have the legal right to dispose of it any way I please. I told him to write me back with a plan to resolve this within the week or I will do as I please. The week has passed, again, no word from him.

 

 

The guy is still trading on Ebay, using the same email address that I have been using. I look at his feedback and he spends thousands and thousands with good feedback.

 

 

I did in fact get paid over $2500 in cash from this guy. It was real money I spent, and am not in a position to return to him. I also have been paying for storage. This is now in the 8th month. As a humble kind of guy, with very limited resources, I want to be fair. I feel that I have been taken advantage of.

 

 

What would you do?

[MONGO510]

The car has been abandoned. It is yours. get a new title and resell it.

[phil280zxt]

In all fairness, shouldn't you return the $2500 minus the cost of storage since April ($2500 - $1500 ($300 * 5) => $1000), obtain a new title and resell the car?? The only issue is whether he has the title or not.....

[auxilary]

since he has the title to the car, what you should've done is just leave teh car as is. As long as you sent in your form of release of liability, the car is no longer your liability. Whatever he does with the car is his problem.

[Thumper]

Unless the guy offers to pay, you more than likely will not get your money for garage rent since it was your choice too keep it in the garage. If you take the time you might be able to get a new title but its likely that in the middle of the process he will come and get the car. Or the third option tell the owner that in 1 week or a couple of days you will drive the car and park it at such and such place, lock the car, and mail the keys to him. Then you can forget all about it.

[Guest flash]

Contact ebay (dispute resolutions)

Make it simple w/ dates, fees & etc...

Righteously, they may bill him for storage

& When filing on an abandoned vehicle,(generally)

The dmv takes about 10 days to contact the last registered owner

that person then has a short time to respond

if no response / the vehicle is yours

If a vehicle has been alledgedly abandoned on your property for

let's say 3 months, the last registered owner then owes a storage fee

of aprox. $9.00 a day for the amount of time the vehicle was on your property. Which usually exceeds the amount the vehicle is worth. So, they don't respond.

We used to put a ficticious address in case the last registered owner

had an extra set of keys & didn't want to pay, then they couldn't find the vehicle .

usually, within 2 weeks, legally, you've got the new papers & the car free & clear.

If you come up as the last owner, then he really didnt recieve the title, or hasn't registered it yet. If he comes up as the owner, then he has to pay for 8 mo.

Anyway,

Just wakin up here in sunny california / good luck Bro

I think I'll go hug my car. / Flash // 836-4708 (408

[Metallicar]

In Philadelphia, they fine $300.00 for parking an unregistered vehicle on the street. If the vehicle remains on the street, it is considered abandoned and towed to the impound. A $100 tow fee is charged.

 

 

 

In order to claim vehicle it must now be registered and insured to the state minimums.

 

 

 

A storage fee of $15.75 for the first 5 days and $17.25 for every day thereafter. After a total of 21 days in impound, the vehicle is auctioned off no matter what.

 

 

 

A note: even though the buyer has the title in hand, I hold the registration. In my wisdom, I had titled and registered the vehicle as a Classic. So the registration stays in my name until the title is transferred by DMV. The registration never comes up for renewal as a Classic Class Vehicle; it was a mere $75.00 one-time fee.

[TheNeedForZ]

Just want to say that an email does not always deliver. I have sent important messages thru email, waited for monthes and the other person said "what email, I never got such email from you"

 

How is it possible that your buyer said he got the expresse mail title and then say he never got the title later???

 

I would do what -flash- said in his post.

[Metallicar]

I believe in this guy’s case, his email is working fine. It's his behavior that is bad.

 

He certainly got the email I sent him in regards to telling him he owes me for storage. He also uses his email to still conduct quite a bit of activity on Ebay, as recent as this morning he won another auction. This guy has been buying up cars and motorcycles like crazy, with good feedback score. One car he bought and got good feedback for was over $35K.

 

 

I sent him the title Express Mail with a tracer. It confirms delivery to his home address.

 

 

I am just p.o. about being taken advantage of. I think I will get a duplicate title, resell the vehicle, and maybe send him the net result after fees and rent etc.

[Guest PROJECTRB240SX]

Contact An Attorney, Find Out Your Best Legal Method Of Wiping Your Hands Of This, Go That Route. The Attorney May Be Able To Tell You If Legally You Have The Right To 'dispose' Of The Vehicle With No Compensation To The Buyer, Well Since You Have Attempted All Other Methods Of Fair And Equal Treatment.

[240Z2NV]

Maybe the guy is coming by his money through illegitimate means or has more money than sense. He buys things on a whim, pays for them, and doesn't think much about it after that....? His money was good, and so it was with the other eBay sellers. Seems to me that he just doesn't care either way.

I definitely would NOT have continued to incur the storage costs. Unfortunatley, I think that you'll end up eating that part out of the proceeds. eBay Dispute Resolution is like trying to give him forty lashes with well-cooked spaghetti. It is just no longer considered a big deal, they are just impotent at enforcing proper conduct...

Talk to your DMV.

[RPMS]

In Texas, car titles have a two-part detatchable piece on them. One is filled out and taken to the DMV by the new owner. The other piece is filled out by the OLD owner and sent in. This detatches the car from your name,and you're no longer responsible for it once you've sold it, regardless of whether the new buyer ever registers it in his name.

 

Check to see what your state does. If it has something similar, go through the procedure to remove your name from the car, then report it as abandoned. I wouldn't seek to resell it, as that opens up a whole 'nother can of worms. The new owner could try to sue you, and might slander your good reputation on eBay as well.

 

Just a thought...

[dr_hunt]

In any state you can file an Motor Vehicle Dept lien for storage, file the lean, he'll either have to pay it or he won't be picking up anything and you can file for the title and keep it. This requires you to send the copy of the lien and supporting paperwork certified mail to him and he'll have to sign for it. If he doesn't, then you have to advertise in his local paper for several weeks and the paper sends you a certificate of publishing that you then file with the MVD and the title gets reissued to you. It's that simple! This is your legal option #1. Option #2, get a jar of vaseline, Option #3 Do nothing, but keep paying storage for something you don't own. Option #4 Do nothing at all and let the storage place file a lien and keep the vehicle.

[Here comes trouble]

Wash your hands of it and quit paying storage and take the loss. unless you are judgment proof or free of garnishment and/or attachment;..No matter what you do.......you are between a rock and a hard spot by either legal duties or costs. The most dangerous course but the most savings can be salvaged by a new "lost" title and re-sale. With all the options avaiable......it is your choice and your consequences..........Now here is a story of grief that a person can get himself into......................A 75 280 Z was removed from my personal residential property by a tow company without authorization or documentation over a year ago (Statute of Limitations ..2 years.... A third party and former dead beat renter (6 months past due) in my absence had the vehicle removed to cause me some grief (or payback?). The "stab you in the back" tow company owner has done everything to avoid me and his responsibility in any type of settlement....Used Z's can be very expensive to replace....Recently Oregon's Consumer Fraud Division after reading tow operator's statement has officially found him liable and ordered the immediate return of the vehicle to me and coincidently the vehicle has been listed as stolen by the Sheriff's Department (a real big problem)..... I have been getting all my "ducks" lined up. I have a full tilt boogie current law suit that has already netted two $269,000.00 judgments against two parties (dead beat renter) and next month one party will get a first hand view of 20 years of employment garnishment over his empty head... .Mr.Tow owner and operator will be enjoined in that law suit and it will cost him abiut $5000.00 at the minimum upon the invitation to just to get to bat and answer the amended complaint (and he will strike out). There is yet another # 3 party that has been avoiding his responsiblities and thinks he is well hidden from service and summons. Big surprise for him....And the 5th party and last will will get a nice Christmas invitation and summons . No need to get all the ingredients in the stew at once and you can only shoot one duck at a time anyway. The point is about these people... win, lose or draw they are in serious legal $ trouble and the question is: who will they pay, me or some lawyer. or both. You do not want to get involved in something like this by pissing on some fool's parade because he could be gifted with either time and patience or money.

[Metallicar]

It is difficult just to wash my hands of this without dumping this on my friend (the garage owner) or the City. If the city were to impound the vehicle I would be hung for the tow,storage on city lot and fine of $750 approx.

 

I have been doing some homework. This is of course just a passage, but it does pretty much give me a way to go with the situation.

 

PA Law- METHODS OF DISPOSING OF ABANDONED VEHICLES FROM PRIVATE PROPERTY

 

 

A landowner may not repossess an automobile for the costs of storing the vehicle upon the landowner’s private property unless the landowner is a bona fide warehouseman as provided by the Uniform Commercial Code, 13 P.S. Section 7102, et seq.

 

 

 

A lien or bill incurred for repairs to a vehicle can be collected only by filing a complaint, obtaining judgment against the owner and having the vehicle sold at a Sheriff’s sale to satisfy the judgment. Notice of the proceeding must be provided to any person who has a lien endorsed upon the certificate of title for the vehicle according to the records of the Department.

 

 

 

 

 

[Here comes trouble]

If you are doing legal resesarch for your state laws, then you can most likely do your own legal work and get by with just the filing fees. From what little I read of your Pa. statute citation..the garage owner after you quit paying storage fees, could make a claim...what you want is the legal proceedure to COA and provide you with compensation..Since the fellow is out of state it may cost more to serve notice of complaint and summons. County courthouse libraries and public law schools are open to the public in Oregon due to federal funding The State Bar Assocation should have a civil proceedure manuals with forms at the public law libraries and your local office supply houses usually will have updated Pennsyvania Stevens Ness legal forms. I just picked up a set for wage garnishment that incorporated a lot of new garnishment law for Oregon. Oregon county courthouses have a bulletin board for posting mechanic leins and storage leins and the Oregon DMV sent an application guide,statutes and forms for seizing a vehicle by legal means. This ia all very simple in Oregon but to be immune from liability and prosecution the tow company owner should have had an authorization signed for the removal of my Z and any 2nd party signature would have worked for him then.... and provuded immunity for himself. He offered no documentation or authorization to the Consumer Fraud Division. Since I am managing the Sheriff's Dept with my voluntary investigation..I have not told them of the State'e order to return the car to allow more dust to settle giving the creeps more time to hang themselves because all he needs is a authorization signature which could be had (?) from the deadbeat renter which will escalate their problems.