[muck88]

I bought a truck on eBay. The truck was up for auction with a buy it now of $9750. I bought the truck on a Thursday morning. Through paypal I put a $500.00 deposit on it right away. I called the dealer and told him I was rented a car and driving out that day and would be there Friday morning. It was a 16 hour one way drive. I arrived Friday morning. I looked at the truck and it was making a noise from the PTO. They said it was minor and would take care of it right away. They told me and my son to go to lunch and when we came back it would be taken care of. I went to lunch and came back and tested the truck. I was happy and went inside to get a temporary tag and make final payment. When I went inside they informed me somebody else just wrote a check for the truck. They claimed the guy had also bought the truck on eBay and they listed it again by mistake. I think they listed a buy it now too cheap and wanted out of the sale. What legal rights do I have? Ebay said they can get my deposit back. Oh and the dealer didn't appologize. No one claimed they had talked to me on the phone. The owner was unavailable. The sales guys didn't even say they were sorry. Oh and the guy that bought the truck claimed he came from 5 hours away but he had a great resemblance of the saleguy. It was a very strange ordeal. What should I do?

[excon]

What should I do?

Hello muck:

Sue them in small claims court for your expenses... I'd also make a negative comment about them on eBay.

excon

[ScottGem]

What excon suggested is about all you can do. You could try to make them prove the buyer had a prior claim. E-Bay may help with that. But I would advise them that not only do you want your deposit back, but you want compensation for your expenses or you will sue.

[Fr_Chuck]

Yes, sue them for all the losses, and perhaps make them provide proof of the sale in court. If you can prove fraud, it may also go into a criminal case