Classic car not as described, seller believes "As is" justifies omissions

[gerrybar]

1. Does “as is”, “no warranty”, “serious buyers should inspect” alleviate e bay sellers from disclosing significant defects such as rusted through holes from wheel wells into body and trunk of a classic car? Many pictures were provided and none showed any signs of rust. “Only surface rust on the undercarriage” was stated.
2. If the car is more than 10 years old e bay will not assist and if the seller is not cooperative what other recourse is possible?
3. Would such a situation justify negative feedback?
4. Can I be sued for negative feedback?
5. Square Trade no longer does Online Dispute Resolution. Is there anyone else that performs this service for a reasonable price?
6. Basically, is the lesson learned that cars more than 10 years old should not be bought off e bay since such major defects do not have to be revealed? My experience is that cars with rust are disclosed by the sellers either in words or pictures and then buyers such as myself bid accordingly. Was I foolish to believe that this is expected? I have bought 3 cars prior to this off eBay and never had such a blatant misrepresentation.

Please provide coaching so I know how to act and proceed in the future.

[legitimate_bidder]

Yep. You're pretty much scrooged.

Even on cars less than 10 years old, the Ebay Vehicle Purchase Protection thingy is essemtially worthless, and does not cover anything which could have been discovered had a reasonable inspection been done.

"as is" means as-is.

Do leave negative feedback though. You can be sued by anyone for anything...but it doesn't they will win. Tell the truth in your feedback, and they can not win. Something like "significant damage/rust not disclosed..." etc. is perfectly honest and not libelous. And few people are so crazy as to waste time and money traipsing around the country suing people over Ebay feedback, which will drop off the radar before the case would even be litigated.

Sucks...but hey, when you buy something like a car from a stranger over the internet.....you have to be prepared for such. Especially when it comes to ld cars! I can not believe that so many people do this.

[eoma689485]

Please provide coaching so I know how to act and proceed in the future.

Never buy a pig in a poke, always inspect the vehicle and the title before you pony up your hard earn bucks. If you can't inspect the vehicle, then hire a third party, like AAA, to inspect if for you. They charge $125.00, and will call you while they are inspecting the vehicle and discuss the vehicle with you.

If you had done so, the inspector could have also sent you photos of those rust areas, and you could have walked away from the transaction.

There is no recourse, the vehicle was sold "as-is," you will not win any dispute resolution, nor any court case. The seller is pretty much wearing Teflon, and can't be forced to pay for the repairs, or to give you some of your money back.

Fix it and drive it, or flip it.

[fab_finds4u]

Used cars are AS IS unless they come with a warranty.  

You should always inspect because what's a cream puff you don't find every day to one buyer is a pile of junk rust bucket to another buyer.

If you plan on buying more cars online I'd maybe withold the negative feedback because if a seller sees you left a buyer a negative for a prior car purchase it might make them nervous to sell to you because vehicle sales are non binding--meaning if you inspect the car (you should) and it's not to your liking you can walk away.....you don't have to buy it.  

[legitimate_bidder]

I would leave negative feedback to at least warn other buyers in the future. Very few sellers of big-ticket items will care, unless he has a history of being a persistent negger- especially if they are truthful in their ads- and if they did care, to heck with them! Probably better if they canceled one's bid, as they'd likely be doing the potential buyer a favor.

Heck, I just took pics of a vintage truck for a neighbor that will be listed on here. I specifically took pics of any rust; as well as areas where one might expect rust, but which are not rusted. Whoever buys that truck will know exactly what they are getting- I don't care about their feedback history, because it works both ways.

[gerrybar]

You are the type of honest seller I have obviously bought cars from before on e bay.  Unfortunatley seems like e bay is becoming more of a haven for less scrupulous people. 

[chevy_*man]

I would buy from LB 6 days a week and twice on Sunday.

Good people he is.

[legitimate_bidder]

Wow, Chev! That is an even huger compliment [Is "huger" a word? 🙂  ) coming from someone of integrity and character, like yourself!

[tony1963]

It all goes back to the integrity of the seller.  I've sold thousands of vehicles on ebay over the years and never offered a warranty.

To answer your question, AS IS is not a license to lie or omit material defects.  

I would not leave negative feedback as it would only invite a lawsuit.  Not worth it.

Fix the car and move on.

[atikovi]

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@gerrybar wrote:

1. Please provide coaching so I know how to act and proceed in the future.

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Please provide a link to the listing to give an accurate evaluation. 

[buyselljack2016 · Accepted solution]

You should always look at a vehicle before purchase. (or have it looked at by a friend, or paid service)

Obvious defects should be disclosed by the seller within reason. A buyer should not be required to ask a question about every possibly vehicle defect. 

You are not going to be sued for leaving factual, accurate feedback. (well you might be, but nothing will come of it)  Feedback is your opinion, and it is your right to express it.

[jr-41ford]

I've never come across a vehicle that the seller hasn't ommited something about it. Sometimes it's intentional, sometimes it's not. A buyer is responsible for inspecting the vehicle prior to purchasing. Can't complain if one didn't inspect before buying, regardess of whether the ommision was intentional or not.

[cepclpi_ecwztwxzvc]

the first few words says it all-suppose you hear a growling dog around the corner,that is a warning to NOT go around the corner,but you still go-and get dog bit-whos fault ?

[omgitlightsup]

There are no laws governing whether you can sell your old Atari games, pet rocks, or checkered Vans.

There are tons of laws, however, that restrict the operation of car dealerships. eBay is not legally permitted to screw around with auto sales in the USA, so eBay Motors is pretty much all pretend. If a buyer feels for any reason that he's not into your car anymore, he always has the option to back out, until that title gets signed over.