LaQuinta, CA Palm Springs, CA

Well as many of you know I bought the Riviera Blue Cab in my avatar off eBay. The seller stated in the auction "the miles are accuarately represented". Here is the auction if interested http://cgi.ebay.com/ebaymotors/ws/eB...2900&viewitem= After paying for the car and getting it home. I took it to my mechanic. When I saw the invoice from the repair shop it had the same miles as listed in the auction. Yes you guesed it the odometer quit working. So I started doing my research on the invoices he sent me(post sale) as well as the Carfax and Autocheck reports. The miles stoped working 2 years ago at 95,072. It took me awhile to figure out. I called the seller and basically he is not stepping up. I filed with eBay and 30 days had passed so they are not stepping in. I contacted a lawyer here in KY and he said that I should contact the FBI Internet Crimes Division. I did that as well and they do not want to deal with this claim. They have bigger fish to fry. The only other recourse is to do this in Southern California. The seller lives in LaQuinta near Palm Springs. I am wiling to pay for the help and go the distance on this guy. Every attorney I have talked to and have shown the documentation to said I have an iron clad case. The seller even admitted that the miles are broken. Of course he said he didn't know this until I made him aware of the issue. I have so much documentation proving my case I just need to get an attorney involved to get this going. CAN ANYONE HELP ME? Please PM me and I will call and elaborate on the case. I have this very well documented. HELP

Mike

 

PM Sent with referral.

 

Mike,
I hate to here that this happened; I hope you can get it sorted out. I'm looking forward to the finished project.

 

From his ad:

"This is not a one-owner vehicle, but a vehicle that has been maintained like one. The mileage on this vehicle is accurately represented. A non-smoker owned vehicle. There are no signs of prior damage on this vehicle. Vehicle does not show any signs of collision damage. There is not a door ding on this vehicle. Being a spoiled vehicle, the previous owner insisted that it be kept in the garage. This vehicle's transmission shifts out nice and smooth from gear to gear. The engine is mechanically sound and can be driven anywhere with confidence. There are no electrical problems with this vehicle whatsoever. Take this vehicle home now, it needs nothing but tender, loving care. This exterior has been pampered, and it shows! I do not think the interior could be cleaner. There are a lot of miles left on this auto's front tires, with the rear needing replacement in 5-7000 miles. Some minor curb rash on rear wheels, and interior could use a saddle soap treatment to look like new again, no rips or tears and seats fit the driver like a glove."

Mike,

With all the documentation that you have and a good lawyer this should be a easy case to win. Good luck!!!

 

Cabrio:

Winning is not the isue. It is a slam dunk. The issue is getting someone to take the case.

Mike

 

Seems like pretty blatant misrepresentation.

But how do you determine damages in a case like this? Do you just get the transaction reversed? Even with, say, 110-115k miles, $22,600 is still a good deal.

 

I am going to finish the car I just don't want to start on it yet until I get it sorted out.

Mike

 

What damages are you seeking?

To me, your biggest liability is the threat of having your title branded as True Mileage Unknown. Based on the paper trail, can you estimate where the miles should be? Can you get a Hollywood Speedometer to set those miles for you after the speedo has been repaired? I wonder if that's enough to save your title or if other conditions must be met? I'm not the KY law expert on this

FWIW, you did get a smokin' deal on the car, but nobody likes a "gotcha."

EDIT: In case you get no relief on this, like John said, even if it properly read 115K or whatever, I expect that you would have still bought it.

 

I have asked him for a refund or a partial refund. He, of course, said no to both. The deal I got on the car no matter how good it was is not really the issue. the issue is being deceived by this guy. The point is we don't know the miles it could have 150,000 to.

The title will have to be a TMU. I have a dealers license and the last thing you want to mess with is an odometer. Believe me the Federal statutes on this are extreme and expensive. I could of easily bought an odometer that had more miles on it and no one would of been the wiser, but like I said you do not want the Feds on your *** for odometer tampering. If I get nothing or a partial refund the car will be a TMU (True Miles Unknown). Thats the breaks and that is why I am looking or some recourse.

Mike

 

Do you think you'd be awarded more than $7,500? If not, go small claims = no attorney:
In the top nav click on "civil" >>> "small claims"
http://www.co.san-bernardino.ca.us/COURTS/flash.asp

 

If you can get in trouble for odometer tampering, why can't he?

 

Bummer, Mike. Good luck with it.

 

He probably will. All in due time.

Mike

 

That sucks, I hope you get a good lawyer and take a bite outof his azz

 

aw man... sorry the hear it Mike.
Good luck with it.