Yes, it was advertised on ebay and I have a screen capture of the ad. the dealer removed the car from ebay in order to sell it to me.
Correct. It was not purchased through ebay, or any other online service. It was purchased via phone call and bank account to bank account money transfer.
No. The delivery service was a high volume professional service contracted for the delivery, my contact with them was minimal. They were hired through a broker, and I can contact the broker, and the broker might be able to find the truck driver. However the idea of the damage being done in transit is ludicrous. The position of the vehicle on the top rack of the trailer makes it unlikey the engine was ever started between pickup and delivery, also the battery was dead so it could not have been easily started. The seller was present during loading, and reported no issues when I called to see if pick up had been made. And during unloading the car wasn't even started, just rolled backwards off the truck.
Thank you for your answer. I have a couple more questions.
Are you certain he can not be sued in AR? I had heard from another source that because he did business in AR by way of our transaction, that an AR court would have jurisdiction.
How would I prove he knew the car was a clunker? I know that he did because I asked him questions on the phone, such as is there any visible rust, and does the air conditioner blow cold air through the center dash vent. He said no rust and yes to cold air in center vent, whereas there is roof rust and no cold air, and no center vent air at all. But I can't prove what he said on the phone. All I can prove is what he wrote, but how can I prove he knew differently from what he wrote?
Also, if a seller makes assertions about a product which are untested and untrue, doesn't he have any liability for that?
Thank you very much for the follow up information. Please bear with me for one more follow-up question. I am asking this question because I agree proving he knew the car was a clunker is going to be very tricky and I would prefer a different burden of proof.
To use an analogy, if I sold you a box, and wrote down for you that I believed the box contained a purple ceramic bowl, and you bought the box based on that description, only to open it and find a dead fish inside, and no bowl, would it matter whether or not I believed there was a bowl? Would you have any legal recourse to get a refund, or make me deliver to you a purple bowl, regardless of my protestations that I thought there was a bowl?
Because I can show through my copy of the advertisement versus signed affidavit of mechanics who reviewed the car, supported by odometer readings that prove the car was moved only the distance from the delivery point to the auto shop, that many of the specific descriptions of the the car I thought I was buying do not match the car that was delivered.
Thanks again for the follow-up question opportunities.
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