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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 2849
Experience:  30 years of experience
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Purchased a vehicle via ebay from Idaho, I am located in

Customer Question

Purchased a vehicle via ebay from Idaho, I am located in Iowa. Vehicle was represented in immaculate original condition and several questions were asked & answered via email leading me to believe it was in a much better condition than it arrived to me in. The vehicle was also involved in some type of an accident that was not disclosed prior to purchase. Photos were taken from angles to hide the damaged parts of the vehicle. Wondering what my recourse is against the seller? No purchase agreement was signed. Where would I take action against the seller in my county since sale took place here or?
Submitted: 4 months ago.
Category: Consumer Protection Law
Expert:  Gerald-Esquire replied 4 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Depending on the value of the vehicle you would file a claim for fraud in small claims court. In Iowa the limit is $5,000.00.

This link describes the process in detail:

http://www.iowalegalaid.org/files/A3ED30CF-AFFE-7431-9310-0D521E4312AF/attachments/44B42758-808A-4DDC-B62E-61E9E3240BE8/small-claims-court-jul-2012.pdf

However, if the seller's only contact with IOWA is this sale it is very likely that the IOWA Courts will not have the necessary personal jurisdiction over the seller. Also you would still need to go to Idaho to enforce any Judgment that you receive because that is where the Seller has any seizable assets.

The limit in Idaho is also $5,000.00. The following will help you with the Idaho process:

http://www.courtselfhelp.idaho.gov/small-claims

I am sorry if some of this information is not what you had hoped to hear. BUT I would not want to mislead you into taking an action without knowing what you are looking at.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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