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Tina
Tina, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33167
Experience:  17 years legal experience including consumer protection law.
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I purchased a used excavator on ebay. ebays definition of

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I purchased a used excavator on ebay. ebay's definition of used requires that the item is useable for the use it was intended. It had obvious problems and I had a factory technician come look at the machine. He said the swing bearing is "out of spec.". And says the excavator is dangerous because the top part may "undeck" which could kill operator, bystanders and cause serious damage to anything nearby. I want the seller to fix the bearing. Do I have a just and legal right?

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

In which state is the seller located? Did you purchase the item "as is" or did the seller make certain representations with regard to its condition or warrant the product?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 4 years ago.


Bidadoo is in WA, Item I purchased was located in CA. The auction company publishes an inspection report and video of the unit being operated. I think they are "as is" but again being sold as used by definition on ebay means useable. Otherwise it would be sold as parts/salvage only.

Hello again, John.

In addition to the e-bay definition, there is typically an implied warranty of merchantability with each product sold. This is normally implied by state law, here WA law would typically apply and you could use that to seek payment from the seller to make the repairs so the item does function as it was intended.

Here is a link which describes this implied warranty:

http://apps.leg.wa.gov/rcw/default.aspx?cite=62A.2-314

If the seller does not agree to pay for the necessary repairs, then you may wish to file a complaint with e-bay as well as the BBB and state consumer protection agency if the seller is a business.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina and 5 other Consumer Protection Law Specialists are ready to help you

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

Customer: replied 4 years ago.


Bidadoo.com is a pretty big auction house selling on ebay. Every Thursday evening they sell at least $100k of equipment. Would I have to use an attorney in WA if they continued to stonewall? Can you answer another question for me regarding a trust?

Hello again, John.

Yes, a WA attorney would be able to assist you with this since that is where the seller is located.

I would be happy to assist you with another question. If the trust involves family or real estate law, I am qualified to answer in those categories. However, if it involves an estate, then your question should be posted in the estate law category and would have to be directed to another attorney on the site.

If you wish to request me, please post your question in the question box on my profile page. Here is a link to that page:

http://www.justanswer.com/law/expert-tina/

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