What to do with a vehicle.

This is a discussion on What to do with a vehicle. within the Consumer Complaints forum, part of the BUSINESS & FINANCE LAW category; Ok, this is a very confusing situation and I don't even know what type of lawyer to contact for advice. ...

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Old Feb 13th, 2007, 04:16 PM   #1
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Default What to do with a vehicle.

Ok, this is a very confusing situation and I don't even know what type of lawyer to contact for advice.

I bought an RV on eBay. The seller lived about 3 hours away and when I discovered the auction, there was not sufficient time to drive down and inspect. I contacted the seller repeatedly regarding it's condition. The seller calmed all my concerns and constantly lamented how "great" the vehicle was and how there was "no leaks" and the only problem it has was EXTREMELY minor. The problems it did have were minorly cosmetic, and basically just needed some touch-up work (fixing little things like hinges on the cabinets, reattaching trim, etc.).

So I won the auction and drove down to pick it up. I looked the vehicle over for about 20 minutes. I talked to him for about 30 regarding the vehicles history, known problems, damage. I asked again (in several different forms) "is there or has there been any leaks?" ( and this was witnessed by a 3rd party), his constant answer was "no". Anyhow, after many reassurances and no visibility of problems I completed the purchase.

After returning home I made an appointment for an inspection (it took 2 weeks to get one). The evening before the appointment we had one of our severe Florida rains. The next day I got in it and water just poured out of everywhere. I took it to the dealer who found MANY leaks. I received a huge list of problems. I tried contacting the seller and he ignored my requests. I continued to get the vehicle looked at and everyone basically said "without taking the vehicle apart to find the exact cost of repair, the estimate is 5k to 10k depending on work". So I did some investigating inside the vehicle and at the advice of several shops, started to reveal the damage. I have video and photo documentation of the extent of the damage. I have a booklet I prepared thats roughly 70 pages of photos, transactions, phone records, emails, etc. But there was massive amounts of mold (I can't smell so I didn't even notice until I opened it up). There was damage that was hidden behind decorative trim and curtains (stapled to the wall). It appeared as though he intentionally hid damage as to not affect the sale and/or mis-represent it's condition. So without tearing the vehicle apart in this guys driveway before the sale and without sufficient rain to see the damage, I was unable to really know what I was getting into and could only take his word for it.

So I started to dispute the charges with my credit card company (which I used to purchase the vehicle). 8 months of going back and forth with them and I finally received most of my purchase money back (not counting taxes, repairs that were needed even before driving it home, etc). Now I am trying to figure out what to do. I am under the assumption that since the credit card refused the money to paypal, paypal will then make his account negative (I'm sure by now he's spent the money). So technically I have most of the money back and he's negative what I paid. So I would assume that I need to return the vehicle. He still refuses my calls or to respond to me.

I am trying to figure out what type of lawyer I need to contact and what the proper chain of events is. I would assume I should send him a certified request to pick up the vehicle. Then how long does he have to claim it? Then when that time expires can I sell it? (It's titled in my name right now). I would like to sell this vehicle to recover my losses, but not without giving him an opportunity to recover the vehicle (if required by law). I am not about to invest the time and money to drive this vehicle down south, 3 hours and 100$ in gas plus a vehicle to follow me and bring me home, and then just drop it in his yard for him to call the city and have it towed. I don't know who to talk to and what to do and I'm tired of walking out and seeing it everyday.

Any advice or pointers would help, Thanks. BTW.. please spare the eBay speech; I know I messed up, but I have ALWAYS had success with eBay purchases, it was only a matter of time before one got me. I learned my lesson.
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Old Feb 14th, 2007, 11:55 AM   #2
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Default Re: What to do with a vehicle.

If you give 30 days notice in writing and they fail to get it--you may take it or dispose of it normally--give the police notice of what is happening as well...
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Old Feb 14th, 2007, 11:55 AM   #3
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Default Re: What to do with a vehicle.

WLD could handle it for you as well if need be--there would be a minor fee.
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