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J.A Evans
J.A Evans, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 24
Experience:  Prosecuted traffic, misdemeanor & felony level offenses 10 yrs. Worked as a judicial law clerk and wrote the judicial opinions.
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I purchased a vehicle from a dealer in Houston via eBay. This

Customer Question

I purchased a vehicle from a dealer in Houston via eBay. This included delivery to my home in Illinois. The carrier attempted to deliver the car damaged. Windshield was shattered, hood, fender, quarter panels scratched, top ripped, spoiler broken off and pieces missing, top of quarter panel damaged. I have photos from the eBay add and at delivery. Carrier claims they picked up the car in this condition, dealer blames their carrier. Carrier kept car as I would not accept delivery. Dealer says they will make things right verbally but despite numerous requests for something in writing they haven't provided me with anything nor whereabouts of car. Since contract was signed in Illinois, does Texas law or Illinois law apply? If this has to go to court, where?
Submitted: 4 years ago.
Category: Consumer Protection Law
Expert:  J.A Evans replied 4 years ago.

J.A Evans :

HI I hope to help you with your question today. First thing you should do is contact EBAY. They have great customer service and are very helpful. Second, a contract can be enforced in either jurisdiction unless your contract specifically states otherwise. Of course it would be easier for you to file suit in Illinois but you do need to have the other party served with the papers in their state. You may also try a certified letter to the business demanding relief, such as your money back. Keep a copy of this letter and the return receipt card so you can use it if you have to file a lawsuit. Also, did you take photographs of the vehicle as it was delivered?

J.A Evans :

If you have additional questions, please let me know. I am happy to help. Otherwise please rate my answer as it is the only way I get paid for my work.

J.A Evans :

I see that you did take photographs. Be sure to keep track of any and all correspondence you have with the dealership

Expert:  J.A Evans replied 4 years ago.
I hope my answer was helpful to you. Please rate my answer so I can get credit for my work. Otherwise the website keeps your money. If I can answer any other questions, please let me know.