Fake Trim Tag?

[Hylton]

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Bogus, misrepresented, yes, but I did not say "fake."

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Semantics, semantics.........

[Lynn]

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Won't eBay be participating in a fradulent auction by accepting fees from the sale of this bogus car? Isn't there any liability on eBay's part if they do so? Can't they get sued when the lawsuits start flying after the unwary winning bidder concludes he has been taken?
I know there are lawyers who are members of this board. Someone is going to be awful upset they spread out that much dough for something this misrepresented.
Nice looking car, though. I'm surprised noone has brought up the non original shiny new valve covers yet.

JB

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JB:

At this point, I don't see any liability on the part of Ebay, unless they have been put on notice that this car has a fake tag and a restamped motor.

I can tell you what usually happens when the "unwary winning bidder concludes he has been taken". He has his lawyer contact the seller, who then offers a full refund, because he doesn't want to defend a lawsuit. Seller then turns around and sells the car to another "unwary" buyer. Especially in times like these, when the cars are escalating in value by the week. Seller may actually make more the second time around.

As far as being able to prove fraud in this case "in a court of law", well, I don't see much problem proving that, especially if Mark C. has a photo of the previous tag. Read his post on Team Camaro. The only question is: who swapped it? That won't be that hard to find out. Even though owner history records are not available to the general public, an attorney can get them very easily as long as it is being accessed in connection with a pending suit or for "investigation in anticipation of litigation".

Not to change the subject, but I think ebay is exposing itself to litigation IF someone buys a car with a trim tag (either real or fake) that was purchased on ebay. I believe plenty of folks have complained to ebay about selling trim tags, and the possibility of them being used for fraudulent purposes. But then, I am shocked that there haven't been a flurry of lawsuits against trimtags.com for this very reason. Trimtags.com knows exactly what most of its customers are doing with fake tags.

Just my opinion.

[Hylton]

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I can tell you what usually happens when the "unwary winning bidder concludes he has been taken". He has his lawyer contact the seller, who then offers a full refund, because he doesn't want to defend a lawsuit. Seller then turns around and sells the car to another "unwary" buyer.

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Or, buyer realizes he's been had once he gets the car home and then desides to wait a few months to pawn the car off on another Ebay sucker. We've seen that a few times on this board!

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Not to change the subject, but I think ebay is exposing itself to litigation IF someone buys a car with a trim tag (either real or fake) that was purchased on ebay. I believe plenty of folks have complained to ebay about selling trim tags, and the possibility of them being used for fraudulent purposes.....

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I haven't checked in a while but I am sure the contract everyone agrees to when becoming an Ebay member takes care of any liability issues on the part of Ebay when fraud occurs on their web site. Besides, they have more money than anyone here to throw at lawyers until you are drowning in legal costs.