Rep Power: 0

Dallis,

Do you have any email corrospondance between you and the seller? If you have emailed the seller saying something like "is this in perfect working condition or any defects" and they reply back saying "the unit is perfect" you could use that as documentation in your case against the seller. Just an idea

 
Rep Power: 290

It's official, this woman is a moron. She just doesn't get that one can obtain contact info legally through ebay. As a matter of fact, I don't think anything short of a court order to pay is going to get through to her. Good luck in court.

 
Rep Power: 812

how would those lines on the display happen anyway?

 
Rep Power: 0

They just appear all the sudden, without any interference. I have laptop with two dead lines. One of them appeared while I was watching at the screen. every line is controlled by some electronic part, which I assume got busted.

 
Rep Power: 285

You may be able to hit her w/ Express + Implied Warranties issues. I didn't see anything in the ebay auction that limited warranties, so her stating "great condition" is arguably an express warranty. Also, there is no "as is" or "no implied warranties" wording to knock out the Implied Warranty of Merchantability.

If I recall correctly, the Uniform Commercial Code (UCC) applies to this transaction even though the sale was for used goods. In any case, throwing around legal jargon like that may scare her into giving your money back?

 
Rep Power: 380

lol Thanks. Here is an update. We'll see what happens

After speaking with an attorney this falls under Express + Implied Warranties issues. Stating "great
condition" is arguably an express warranty. Also, there is no "as is" or "no implied warranties"
wording to knock out the Implied Warranty of Merchantability. http://en.wikipedia.org/wiki/Implied_warranty
The
Uniform Commercial Code (UCC) applies to this transaction as well. http://en.wikipedia.org/wiki/Uniform_Commercial_Code
Contacting
Police Chief, Kim Raney at The Covina Police Department.



directproducts Aug-19-06 at 11:09:39 PDT


In addition, nothing in the auction said "as is" nor did it state "no refunds".



directproducts Aug-19-06 at 11:02:30 PDT


Great condition vs. perfect condition is a symantic arguement. If you are implying that this is
something that I could have done, I will be more than happy to get Alpine's opinion on the matter
before I file with the small claims court office at 1427 West Covina Parkway. This isn't about obtaining
your information (which EBAY provided me). You either knowingly sold me a defective unit or didn't
know your merchandise well enough to claim "great condition". This IS grounds for a court case.



virgina1775 Aug-19-06 at 10:23:24 PDT


First the description says that the unit is used, second it does not read in perfect working condition
it states it is in great condition, second this gentlemen got information that he should not have
been able to get as my home phone, this unit was used and we had three t.v's in the car and there was
no lines, after he received the unit i don't know what happened.




directproducts Aug-18-06 at 17:32:29 PDT


In addition, I'd like to note for eBay dispute purposes that the issue is not with cosmetic exterior
of the unit as seller defended. The system is a retractable DVD player that looks perfect on the
outside. The issue is with functionality. When the screen is opened, two vertical lines run the length
of the screen indicating bad pixels. A listing noting PERFECT WORKING CONDITION is untrue as the units
functionality is impared by this defect. Currently, persuing legal recourse options as well.



directproducts Aug-18-06 at 11:56:05 PDT


Contact seller is a tool eBay provides you. The item is defective and the $650 repair order shows
that. I can provide any/all proof that the item has a defective screen and is NOT in perfect condition.
If this item is perfect, then take it back! I'm already out hundreds of dollars. Regardless of symantics
, the item was advertised as perfect and is far from it. I do not wish to waste anymore time or money.
If you are refusing to take responsibilty for this then I will escalate the claim.



virgina1775 Aug-18-06 at 11:37:15 PDT


First of this is my unit,it was in my son car which I bought it therefore it was mine.I described in
my details that it had no scratchs on it,and that it was in perfect working cond.He has confused me
on how he got my home phone and why he would want to come to pay cash for it.



directproducts Aug-17-06 at 10:25:37 PDT


Item Significantly Not As Described: Alpine iva-d901 With i-pod adapter (#290013751298)
Payment Method: Cash
Payment Date: Aug-05-2006
Additional Details: I drove 300 miles to pick up item described as being only 3 months old and in perfect condition. Upon
powering unit up, the LCD screen is defective and repairs are estimated at $650. (I have repair
estimate in hand). This is more than 50% of the cost of the unit. I have sent 3 emails to the seller.
Seller remains uncooperative. I feel the info in the listing was untrue (seller told me after buying
that the unit was not hers). I would like a full refund. I have all email correspondance available.

 
Rep Power: 394

paypal me $50 and I'll go egg her house. hahahaha

 
Rep Power: 285

Just to make absolutely clear, I'm not an attorney and am only making suggestions/letting you know what you could do. In no way am I trying to give you any legal advice

The implied warranty of merchantability may be hard to argue as well since she technically doesn't fall under the definition of 'merchant.' Her having sold 48 items on ebay does at least provides some argument though.

That said, hope it works out

 
Rep Power: 380

lol I know man. just trying to scare her at this point.

 
Rep Power: 285

^^^
haha, well it'll probably work cuz you scared me a bit

it's illegal/unethical for law students to give legal advice... but ok to inform people of the law... (a fine line) =P

^^^
haha, well it'll probably work cuz you scared me a bit

it's illegal/unethical for law students to give legal advice... but ok to inform people of the law... (a fine line) =P

 
Rep Power: 380

Well keep up the advice brotha

 
Rep Power: 298

good luck getting the money back. subscribing to hear outcome

 
Rep Power: 380

Called West Covina Small Claims Office. If she doesn't respond by Friday, I'm filing.

 
Rep Power: 323

Pretty crappy situation, but going forward use Paypal. So far I haven't encountered the pitfalls of EBay.

 
Rep Power: 380

Yeah this is quite the learning lesson.

Posted this today:

I have spoken with the Small Claims office in Covina. I will be filing online and arranging a process
server to deliver the Order of Court, on Wednesday the 30th if this cannot be resolved by then. I
would like this to be a win situation for both of us and to avoid this step. It is within my right
to demand that the costs associated with travel be reimbursed to me by you in restitution. Please
respond by 8/30/06 with an alternate solution or this is how I will proceed. You have my contact info.

 
Rep Power: 293

situation sucks, but I don't think ur getting ur money back......good luck though

 
Rep Power: 380

Oh it just gets better.

Got an email in the mail today from the Law offices of Manual Lopez Attorney at Law.

"Dear Sir:

This office represents the above party pursuant to your constant and repeated harassment through E-mail. This transaction for the sale of the Television to you was legal and proper. Please cease and desist from bothering and molesting Ms. Gonzalez. If you continue with your conduct Ms. Gonzolez will take legal action."

lol. I used the eBay dispute system which is there for a reason and the lady thinks she can scare me off with a harrassment letter? This would never hold in court. I'm filing for small claims next week.

 
Rep Power: 608

hehe, he said molesting.

 
Rep Power: 380

No doubt. I opened the Dispute console on the 19th and 5 days later I get this.

 
Rep Power: 285

on a hunch...

*cou- http://members.calbar.ca.gov/search/...l.aspx?x=40235 -gh*


infer, assume, deduce whatever you like... I'm not saying anything at all...

 
Rep Power: 380

No doubt. I opened the Dispute console on the 19th and 5 days later I get this.


lol thats the address on the letter.

 
Rep Power: 285

i was referring to this:

Disciplinary and Related Actions
12/2/2001 Discipline, probation; no actual susp. 98-O-2455
5/18/1996 Discipline w/actual suspension 94-O-12220 Not Eligible To Practice Law
9/24/1993 Discipline, probation; no actual susp. 86-O-15102



..."Aggravating factors included a prior record of discipline from 1993 and the fact that Lopez' misconduct caused his clients to lose their cases."

 
Rep Power: 0

Sorry to hear about your situation. The joys of using eBay. Best of luck to you!

 
Rep Power: 380

Oh I was very aware of that part. Now I just gotta find a way to prove that it was sold to me broken

 
Rep Power: 812

omg haha that doesnt even sound like a lawyer who wrote it.

 
Rep Power: 360

Here is where all the companies send their returns and what not for repair:



http://198.66.219.68/YourServiceCenter/services.htm

they have it all, even the wire harnesses for decks and so on.

 
Rep Power: 786

Dude, just quit molesting her already

 
Rep Power: 298

just get a letter from alpine about how this problem could happen. also get an audio shop to vouge for you. then she has to prove her side, for the 3 years she owned it.

also that lawyer sounds like an *** since your doing nothing wrong hes the one "molesting you"

 
Rep Power: 380

I just emailed them. If they can do it for $200 I'm all over it.

 
Rep Power: 0

Hope it works out for you man, keep me posted!