I paid for a nice 1968 Mustang but never received it. Please advise what to do
Good morning,
I bought a wonderfull 1968 Mustang from ebay seller mustang2cobra. Unfortunately I bought it of ebay because after the auction I was high bidder but reserve was not met.
I bought the car after several e-mails and phone calls with the owner, and a deal was made. After transferring the money total silence. The bank account was on a foney not existing adress in Lomita. Now i tracked the owner on morning star lane in Norco California but still no money back and he told me that he by accident sold the one car to two people and that I would get my money back. A dear friend of mine in Santa Ana agreed with seller to meet somewhere in between to deliver the money. Also he offered to take another car that he now put on ebay its a nice 1967 Mustang. Who of your guys can help me out on this. The guy calls himself steve, is very polite and correct only keeps lieing and that makes it tough especially because I am in Europe (the Netherlands).
Please post any tips here or mail to me direct on bertoudenijhuis@wanadoo.nl.
if the transaction was on ebay, over paypal, you should be able to get your money back, if not..its kinda like the buyer bewarwe tough dog poop theroy.
bet of luck!
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I have six dead bolt locks on my front door. when i leave the house i lock every other one, that way no matter how much someone picks them, they are always locking three.
Each time someone says I am looking at a car on ebay - I think... you need to go physically see it. It has to be close enough that I can go and drive it - look it over, etc... but I know it doesn't always work that way - there are reputable companies that will do the inspection for you if you can't get there...
I would fight hard contacting all involved and those who need to be involved ebay/paypal/local sheriffs dept. etc... and don't stop... but to be honest, this type of thing - sadly happens frequently and goes unsolved...
Quite possibly, contact the FBI... - you have an address - I'd get rolling on this with the proper authorities... maybe with some of the info you have, they can nab them...
I really have nothing to offer - but I really do feel for you!
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The greatness of a nation and its moral progress,
can be judged by the way its animals are treated. ~ Gandhi
If you purcahsed it outside of Ebay you have zero protection. Sorry but it is going to be your word against his, and you are overseas. I live near Norco, but you really don't have a leg to stand on. If you are looking to get a Mustang in the Netherlands I recommend talking to the guys at Adams Classic Cars he is a major Mustang dealer in the Neatherlands.
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Mike
I've had 60 cars....most of them Mustangs :-)
Sorry but I have name, adress, phone nr's, IRS numbers, contacted ebay, the police, the feds. I even have a mail where he offers me an other car (see here below attached). I absolutely can not understand why the police does nothing, the only thing they do is warn me to not do anything stupid.
ill take 10k it has 2k in disc brakes also has about 8k in the engine bay all less then a year old brand new tires and wheels power driver seat this is the best driving mustang i have ever driven i paid 8500 for it and think it would bring back a nice piece of cash or even if you would like i could list it on e-bay and whatever sells for i would be willing to have it as a partner car you and me split the profit money and of course your money off the top let me know as my cell number is not charged call me at the house number ...... ...........
You need to understand that filing a complaint with law enforcement may or may not yield results -- the facts have to be proven and an investigation will be difficult. You are apparently a fraud victim. In order to protect yourself, I would suggest that you contact the California Bar Association and seek a referral of civil attorneys in the area where the seller resides. Speak to several and retain one that you feel comfortable with. An attorney can institute a civil action against the seller and walk you through the law enforcement process (he or she will know what to do, who to talk to and how to help them help you). You may have to spend some money to recover your funds -- but if the facts are as you have represented, you have a solid case and should prevail.
Once you bought the item outside of the E-bay process you gave up all protection that E-bay affords -- including their guarantee on delivery of the title and vehicle -- you should not purchase a vehicle on e-bay without the auction process. If you negotiate a deal after the auction like you did -- you need to have the seller re-list the vehicle with a buy it now price of your agreement and then purchase the vehicle that way.
Good luck and post your outcome here so that we can follow the process with you.
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1968 C-Code Coupe -- All stock except for a 20 yo repaint. Royal Maroon Maroon Interior / Bench <33K original miles
2008 GT/CS Convertible Mods: FRPP Strut Tower Brace / FRPP X-Pipe / FRPP Short Throw Shifter (Hurst) / FRPP CAK & Tune / Steeda Ultra Lites / Tokico D-Specs / Steeda HD Strut Tower Brace / LCA's / G-Trac Brace / HD Adjustible Panhard Bar / Rear Sway Bar + End Links/Steeda Stainless Brake Lines / DBA Rotors / Hawk Pads / Webelectric sequentials/ one touch top /rear windows
While you do not have Ebay to protect you there is ... the LAW....which he broke. You did have a contract with him as he took your money and that is legal and binding. He did not follow through on his side of this contract and you have a case. FYI a contract is any agreement, verbal or written, it becomes binding as soon as money is exchanged, one dollar makes it a contract. So I if you do not recieve satisfaction tell him that the amount is over $1000 so this is a FELONY and when you contact the local district attorney he will be more than happy to file a criminal complaint. The DA is obligated to press charges in cases like this and that is his job. He won't sue in a civil manor for your money but he can throw him in jail. Let this guy know you mean business if he gets tough with you when you press him and says he will not give you your money back then he never intended too anyway.
Sorry for this problem, most amreicans are not like this, its unfortunate you got involved with someone like this. Hope you get your money back soon.
Dan
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My Web site:
Click little house under my pic for a link or google "Dan's 1969 Mustang"
Lots of pictures and tips as I restored my car.
IF you have documentation of the sale and communications after the sale that amount to tacit admissions and/or direct admissions that he 1) accepted your money 2) sold the same car to 2 people and 3) has not or cannot deliver the car you contracted to purchase, you ABSOLUTELY have a "leg to stand on", calpony is wrong.
An earlier post suggested you contact attorneys in the area to pursue youe civil and criminal remedies. DO IT NOW!
The general rules of contract law in the States apply, you and he agreed that you would purchase the car for a specific price; you tendered payment/consideration for the car; he accepted the payment/consideration; and he has failed to deliver. BREACH OF CONTRACT. Some states have a "Theft Liability" statute which would apply in this situation.
From a criminal standpoint, this could constitute fraud and/or theft. It depends on the California penal code. Contact the local police and prosecuting attorney. BE THE SQUEAKY WHEEL. Depending on the value of the transaction, it may be a felony. Being this was a transaction involving interstate commerce, it may be a federal offense, however, the feds usually don't get involved in anything but large matters. That is, if it was a "ring" or many cars involved in a continuing scheme or course of conduct.
I hope this can be a lesson to some - NEVER wire $$$ for a remote purchase - you have no recourse to get it back - there are many warnings on ebay motors and other places about this -
I think a personal visit would be in order.............
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Beri Fraley Strong, Proud and Ugly
If you find yourself in a fair fight, you haven't been trained properly.
IF you have documentation of the sale and communications after the sale that amount to tacit admissions and/or direct admissions that he 1) accepted your money 2) sold the same car to 2 people and 3) has not or cannot deliver the car you contracted to purchase, you ABSOLUTELY have a "leg to stand on", calpony is wrong.
An earlier post suggested you contact attorneys in the area to pursue youe civil and criminal remedies. DO IT NOW!
The general rules of contract law in the States apply, you and he agreed that you would purchase the car for a specific price; you tendered payment/consideration for the car; he accepted the payment/consideration; and he has failed to deliver. BREACH OF CONTRACT. Some states have a "Theft Liability" statute which would apply in this situation.
From a criminal standpoint, this could constitute fraud and/or theft. It depends on the California penal code. Contact the local police and prosecuting attorney. BE THE SQUEAKY WHEEL. Depending on the value of the transaction, it may be a felony. Being this was a transaction involving interstate commerce, it may be a federal offense, however, the feds usually don't get involved in anything but large matters. That is, if it was a "ring" or many cars involved in a continuing scheme or course of conduct.
Sorry this happened, good luck.
He may have all the evidence in the world, however, it may not be enforceable. That's what I meant by not having a leg to stand on, in California the law is very confusing. The seller can claim that the wire transfer is for anything, so I hope that you have everything very well documented. Because if not the court does not have to recognize an offer as a contract, and even if the court does recognize the contract, they do not have to declare it as enforceable. A law in California known as the "statute of frauds" (Cal.Civ.Code §1624) requires that many contracts be written to be valid. Contracts involving the sale of real estate, contracts concerning the sale of goods worth more than $500 (the car would qualify), contracts that cannot be performed within one year, contracts to pay someone else's debts, leases for more than one year, and contracts for marriage must be in writing. Now this does not mean you need a written contract in a formal sense, but you do need some written evidence signed by the party to be charged. The memorandum would not be a contract, it would be evidence of a oral agreement that is the contract. Signature can be defined as a means of authentication which identifies the party to be charged. So if your e-mails show his full name, or his address, phone number, when he accepts the offer you may have a good shot. If his e-mail address is stangguy23@ hotmail you may need to find evidence that ties that e-mail account to the actual person.
It's a pain in the butt, and I have had to deal with it once in the past.
Coreen R. Walson coreenwalson@msn.com is a good contract lawyer here in So Cal, but you are looking at $200 an hour. You may want to e-mail her and see if she would be willing to take the case, but it will cost you likely a few thousand on the cheap side.
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Mike
I've had 60 cars....most of them Mustangs :-)
google the guys ebay ID and there is another guy that got ripped off and he lists the guys e-mail, address, and number, also talking about getting ripped off.
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Mike
I've had 60 cars....most of them Mustangs :-)
I paid for a nice 1968 Mustang but never received it. Please advise what to do 
- you have an address - I'd get rolling on this with the proper authorities... maybe with some of the info you have, they can nab them...
