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Pa. Seller cancels car sale, Is not buyer entitled to deposit refund?
Bought car in eBay, 1st seller had wrong name on paypal acct for deposite to go through to him - got refunded & reapplied to another pay pal name, then made balance payment through pay pal but again clearance time was not acceptable BY SELLER, now seller does not want to wait for pay pal to release pending delivery of car to me via shipper & wants bank to bank xfer of funds. After seller canalled balance payment & 10 days later I got it back, confidence level in seller to complete transaction is gone. Deposit was not refunded & he is refusing. Do I have legal right to my deposit from a transaction he cancelled without notification accept that he made a decision & was doing it? Initially he stated that he would not spend one penny till delivery, later he stated he understood & would make payments along with a schedule. Given all this I feel I am entitled to a deposit refund. Factual responses appreciated from all & many thanks.
Dan |
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First. Was there a clause in the sale requiring the funds to be in his hands in X amount of time?
That is key. If they were not in his hands due to any reason... then no you aren't because there were other ways to get money to them. (This is one reason many high value sales or cars do not accept paypal for anything but a deposit.) If there was no clause and he decided not to go through with it then yes you are. How long from the time of the close of the sale to when you made the rest of the payment? |
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I use Paypal and sell on ebay.
I can't believe that you sent the payment the second time! Red flags everywhere. Yes, you have a legal right to the deposit. BUT car sales on ebay are not covered by ebay buyer protection (there is a coverage but it doesn't apply to this situation and is very limited). Will you tell us the item number? Or at least the seller's ID? And explain what exactly you mean by HIM making payments? Payments of what? The deposit? |
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Car sells at times are frauds. And there is no real car. I honestly can not believe someone would send money on a car, they have not actually sat in and drove.
You are entitled to the money, so do you have the sellers real name, his telephone, his actual address to file a law suit. Do you have serial numbers of the car and so on |
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