Posts Tagged ‘Misrepresentation’

Am I responsible for misrepresentation on a sale of a vehicle when It was bought sight unseen?

May 29th, 2012 2 comments

I sold a vehicle on ebay auction site. I suggested to the buyer to have the vehicle inspected prior to sale. He declined. After purchase of the car, he now says I misrepresented the vehicle and wants his money back. I am not a dealer. Does this fall under The prudent care rule?
If the answer is "AS IS /WHERE IS" where is this written or implied?

To misrepresent the car, you lie about it. Did you do that? If so do the right thing. If you knew about some problemm but did not disclose it, you should still do the right thing. But if he assumed it had some accessory and did not ask, or if he thought that "no brakes" was "new brakes", then stand your ground. On eBay it is your feedback that determines your representation.