EBAY AUTOMOBILE FRAUD
Automobile fraud is a serious problem on Ebay. People purchase cars for 10, 15, or even $25,000 and find they are not as represented. Some reasons for this fraud:
1) In a standard used car purchase, the buyer inspects, tests, and drive the vehicle. On Ebay buyers may rely upon the seller's representation of quality.
2) Many transactions are done across state lines giving the seller a false sense of security. The buyer can't do anything, he's 1,500 miles away. In fact, many of the cases we file in New Jersey are for out-of-state purchasers.
3) A seller can have false reports of quality. For small transactions, that does not make sense. However, a cagey used car dealer could sell 10 items for $20.00 online, provide exemplary service to secure a good rating so it can sell a damaged vehicle for $15,000,
4) While carfax is standard in regular transactions, many consumers still fail to use it online.
What can you do to prevent automobile fraud? Always inspect and test-drive a vehicle, and have it evaluated by a professional mechanic. If that cannot be done, buy a car locally. Do not forward payment until the inspection has occurred; all too often payment is forwarded the car is then inspected and found deficient but the inspection comes too late.
Ebay states that it vigorously prosecutes fraud, but a news report found differently:
"EBay officials say
they are aggressively fighting fraud in the massive online marketplace, but an
investigation by MSNBC.com shows that the company doesn’t routinely inform
customers when they have been ripped off or regularly notify law enforcement
about apparently illegal activity on its site — even when presented with solid
evidence of wrongdoing....
Three of the cases alleged phantom bidding - identical to shill bidding, but perpetrated by an individual rather than co-conspirators. The fourth was more elaborate: an alleged philatelic fraud ring in which collectible postage stamps were being altered and resold at a substantial profit. EBay’s response in each instance was apparently inconsistent with its repeated statements that fraud will not be tolerated." EBay’s tough talk on fraud doesn’t withstand scrutiny, www.msnbc.msn.com/id/3078736
Many laws continue to apply. Our office asserts that lemon law disclosure and performance standards apply. The federal odometer law is a national standard. If the seller is a merchant, the Uniform Commercial Code requires that the goods be reasonably fit unless it is an as-is sale. Ebay is generally unhelpful.
QUALIFICATIONS AND EXPERIENCE OF THIS LAW OFFICE
Howard A. Gutman has successfully handled over 200 lemon law and automobile breach of warranty cases. He is the author of the leading article on the lemon law published in the New Jersey Law Journal. He also wrote the Year 2000 Legal Handbook, a book dealing with computer warranties, and is considered a leading authority on all types of warranties.
Prior to establishing his practice, Mr. Gutman was employed by one of the leading law firms in New Jersey and a prominent international law firm located in the Wall Street area. He has appeared on Good Day New Jersey been interviewed by NBC Nightly News and Newsday, and his cases have been profiled in the Star Ledger, Bureau of National Affairs Magazine, and New York Times.
HOW DO I CONTACT YOU
Law Offices of Howard A. Gutman,
230 Route 206, Mount Olive, New Jersey 07836
(973) 598-1980, E-mail Howian@aol.com
Fax (973) 598-1982
New York Office
305 Madison Avenue, Suite 449
New York, New York 10165 (212) 886-4838
FREE INITIAL CONSULTATION
We offer a free initial telephone consultation to discuss your lemon law case. Please feel free to call or e-mail our office.
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