[trd3146]

I recently purchased a 70 chevelle from a private owner in Canada on e-bay. The ad stated and the owner stated it was an LS5 car. When I brought the car home, I checked the numbers on the cowl. The car was Canadian made so I knew I could find out if it was an LS5. The cowl has an M38 code - which is TH350 trans. This car is no LS5! I quickly call the owner up and explained. He says he won't take the car back. It seems to me to be quite clear... I was fraudulently misled and he doesn't stand a chance in court. Anyone with some legal or similar experience please help me out. I am prepared to do whatever it takes to get my money back. I paid for an LS5 and I expected to get an LS5.

 

[kevin d]

Does the bill of sale say "as is"? If so, you probably don't have much of a chance. Try talking to e bay first, then maybe a lawyer. Good luck,

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Honey, its not a $200 hat. The distributor was $200, the hat came with it. kevin d
Maryland Chevelle Club #362

 

[Steve A]

Is the engine an LS 5 ? If so, then one could argue that it "is" an LS5 car. Did he advertise it as an original LS5? Do you have the ebay item number ?

 

[trd3146]

The item is no longer on e-bay. The ad stated 70 chevelle SS LS5 but now has a 396 in it. Seems clear... he is stating its an LS5 car, currently with 396 in it. Cowl tags numbers show the car is nothing more than a malibu clone.

 

[Bill T SS70]

Did the seller provide you the vin and cowl data prior to you buying it ?? Did you ask for the vin #s and cowl data before buying ???

Why didn't you check it out better before taking it home???

 

[trd3146]

Here is the ad for the car....

http://cgi.ebay.com/aw-cgi/eBayISAPI.dll?ViewItem&item=230493952

How do you all feel about it?

 

[trd3146]

The VIN won't tell you anything, neither does the cowl tag unless it was made in Canada. I didn't know about the cowl tag verification until after I purchased the car. He didn't have the car very long prior to me buying it, and I think he took the word of the owner he purchased it from. But still, because he was misled is it right for him to do the same?

 

[drptop70ss]

Did you get the car for $5400? If it is a solid as it looks in the pictures I think you got a good deal, regardless of a clone car or not. I know thats not what you want to hear, but Im sure you can resell it and get your money back.

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70 chevelle ss396 conv
66 chevelle ss396 hdp/conv
55 chevy prostreet

 

[secndgn]

Keep the car and get your money back! That is what a friend of mine did when he bought a car that they said had only 25k miles. Seems the car had 125k as per mechanics checks. Went to court and got both the car and all his money back. By the way, mine friend is a laywer. I guess you have to be careful what you state about a car because you never know who is buying it.

 

[gUmBaLL68Malibu]

I think some1 mentioned it earlier you only paid 5,400 for this MAN you got a smoking deal for a car like that that car looks awsome and i bet it hauls it seems you are a #'s guy but i feel that you got a good deal. *i am not a #'s guy*.

 

[trd3146]

I paid $5400 for it plus $300 to get it shipped. The car is not in as good of shape as it looks. It needs major body work, power steering assembly and the 4.56 gears have got to go. I don't think an SS clone with the work that it needs is worth that much. But I did feel that an LS5 was, that's why I bid on it. Numbers matching isn't that important to me either. But, what was important to me was that is was an origianl SS, and this car isn't. I didn't care that the motor was not origianl, but I wanted a true SS body.

 

[ehjorten]

I think the law of Caveat-empor (sp?) comes into play here. This means, "Let the Buyer Beware." I don't think you stand a chance of getting your money back on a private sale of a car. I don't want to sound rude, but you really should have checked it out before. The statement that you really didn't know about the vin ident. before doesn't mean that the information wasn't out there prior. Those are the risks you assume when buying "sight unseen."
Just my two cents worth.

 

[Sid Coleman]

I think you may have a case, as the ad states exactly "original SS". You may also have recourse using the US Postal service as the transaction was conducted through the mail (mail fraud?). I'd hope the seller would work with you w/out the need for lawyers and such. Good luck.
PS: I'd probablly keep it myself!

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71 Ragtop, under construction and over budget!
MCC #347, TC (Gold) #174

 

[lindsay]

I'd be careful on buying cars sight unseen on e-bay. I saw the car you bought there and a 71 SS 396 elcamino on e-bay about the same time. I looked at the elcamino because it was only 45 minutes away. Add stated rust free from southern Mississippi. Truck had more cancer than you could shake a stick at. Huge holes around rear window, bottom of front fenders and the rear quarters mudded up. Inside the box had black indoor outdoor carpet glued to the floor and the wheel wells in the box had been patched. it did have the big block. #'s matching? who cares it was a parts vehicle to me. Some sucker payed I believe $4500 for it. From the 20 foot away picture it looked outstanding on E-bay. I felt sorry for him. I thought about telling him via E-mail but thought if this got back to the seller he might take some action against me. I guess buyer be ware. Your car does have the SS dash, buckets, and console. It may need some work but I don't think you will lose too much trying to re-sell it. Legal action costs money too. Say it cost you $1000 then you would be bettr of selling it for $4500- $4700. You will always take the risk you will lose in court too. By the way I just bought SS Tach gauge cluster with wiring (restored), bucket seats (need recovered), dash housing (un-cut excellent original shape), Auto console (Good original), rebuilt floor shift tilt. Total price tag $2100. Oooooouch! I guess it was worth it to me, I hate the column shifter. So maybe even if you parted the car you could come out OK. Still appears too nice to part though.

 

[Doug Garland]

All he will have to say is he bought it like that, and the seller told him the same story. How do you prove he knew it wasn't an original LS5 car? If he was misled, then he just passed it on.If you are able to prove he was knoledgable of the fact it was a fake, THEN you might have a case against him.But, the process will cost you more money, and can be long and drawn out. If the car isn't worth that much , sell it and don't buy another through E-Bay! Look in the Trader publications, Hemming's, and the cars for sale section here. If you like it, keep it, and fix it up a little at a time. The 4.56's would be the 1st. thing to go, if it were mine!

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1972 Malibu (1 st. car) Project waiting to happen
Team Chevelle # 427
A.C.E.S. # 1282

 

[S Courter]

I think, since he represented the car as being an original SS LS5 car that you would have legal grounds to recover your money. Buyer beware should only apply in cases where the seller may have failed to divulge certain things about a car and these things came to light after the sale. Since the car was missrepresented in a written ad you have proof of this missrepresentation. You made your purchase beleiving the ad to be true. Whether it is wise to go after him, considering legal fees, or just sell it to recoup your investment is another matter. If you know a lawyer have him draft a letter and send it to the seller. Sometimes thats all it takes to get things moving in the right direction. Just my 2 cents worth and good luck.

Aces209
TG63

 

[BBC DON]

I'm no attorney, but I concur with the previous post. He misrepresented the vehicle, and as far as I am concerned, the description states it as having a Turbo 400, and it doesn't. Good luck, Don

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Don McGowen
1970 SS El Camino
Gold #179

[This message has been edited by BBC DON (edited 01-27-2000).]

[This message has been edited by BBC DON (edited 01-27-2000).]

 

[TK-70]

Another $.02 for what it's worth. No one disputes that you were misled. But you need to personally decide if it's worth the battle. Consider the amount of time and the money it will cost you to pursue it, to ultimately break even (get a refund). Overall, you'll be losing money if you factor in those costs.

And that assumes you win. Some things to consider are:
1) Does the bill of sale say "as is"? We're all curious about thist too. This will likely be a big factor and point of defense for the seller
2) What is the going price for an LS5? You'll likely be asked to prove your hardship in this case because you're losing $xxxx.xx. Be prepared to research this to support your case.
3) What is the going price for an LS5 clone?
Unless you're lucky and the seller changes his/her mind, you're going to have to go through alot. I'd suggest researching what you could get if you sold it. I can't view the photos, but it sounds like a fair price for a clone, and you can probably sell it for what you paid for it. Good luck.

 

[Terry]

I am sorry you did not receive what you were told but...If I were buying a car based on originality, I would have requested detailed info regarding authenticity and visited the car. I would not buy ANY car based on originality without viewing both the car and documentation. I DO NOT think this car was represented correctly but as posted prior, BUYER BEWARE! I would seek legal counsel.

 

[Cardiac]

Did you contact the Wash State Attorney General? Find out what your recourse is. They won't be able to help legaly unless there is a lot of complaints on the same issue. I'm not positive but, if fraud involved the FBI may become involved because it was transferred from out of state, but I doubt it? Contact me at work for more info on my experiance.
Dale

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Lowered '67 Elcamino
ZZ430HP / 4L60
"Canyon Carver"

[This message has been edited by Cardiac (edited 01-28-2000).]