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| Ebay scammer?? You be the Judge (Page 10/28) |
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F-I-E-R-O
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JUL 23, 02:39 PM
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Edit: I was just reminded that it's easy to forget that we're lucky to have this place and the people who share of themselves here. We may disagree about many different things and how we view what's important to us, but I can honestly say that all that goes out the window when I consider that if ANYONE here was in trouble I wouldn't give a moments hesitation to do what I could to help in any way possible. Sorry for forgetting that. [This message has been edited by F-I-E-R-O (edited 07-23-2007).]
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SuperchargedV6
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JUL 23, 04:53 PM
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Funny you kids just cant stop can you??
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F-I-E-R-O
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JUL 23, 05:17 PM
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Edit: I was just reminded that it's easy to forget that we're lucky to have this place and the people who share of themselves here. We may disagree about many different things and how we view what's important to us, but I can honestly say that all that goes out the window when I consider that if ANYONE here was in trouble I wouldn't give a moments hesitation to do what I could to help in any way possible. Sorry for forgetting that. [This message has been edited by F-I-E-R-O (edited 07-23-2007).]
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Emc209i
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JUL 23, 05:28 PM
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| quote | Originally posted by SuperchargedV6:
Funny you kids just cant stop can you?? |
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| quote | Originally posted by Songman:
Now you have spent a week repeating the same things over and over yet you are not changing anyone's mind.
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No! Please don't stop either, it gets better every weekend.
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WhiteDevil88
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JUL 23, 07:57 PM
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| quote | Originally posted by SuperchargedV6:
The sad part is I am telling how I feel and my red bar is climbing higher. Shame on that. RIck |
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Set it to music. Sounds like a real weeper.
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crzyone
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JUL 23, 08:25 PM
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If you were paid by the hour for bitching you could have paid for 2 of these wheels by now.
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Xanth
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JUL 23, 08:30 PM
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* Withdrawn 
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www.FieroDomain.com
Over 120 Fiero Links, Articles, Images, Diagnostics
"If any car is both the parade and the rain, it is the Fiero"[This message has been edited by Xanth (edited 07-23-2007).]
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Songman
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JUL 23, 09:26 PM
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| quote | Originally posted by SuperchargedV6:
Funny you kids just cant stop can you?? |
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Kids? How old are you anyway?
Regardless of your age, at 42 I doubt I can be considered a kid.
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Emc209i
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JUL 24, 12:14 AM
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He's just jealous that I still have the game.
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FierOmar
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JUL 24, 01:00 AM
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In a previous post I stated: "I think your first statement sums it up pretty well. If I had the same expectation when I purchased, I would have been disappointed as well. However, I would not have considered myself to have been deceived."
If you look closely at the ebay photo, you can see the darker stitching, particularly near the top part of the steering wheel. I admitted that I did not catch it at first, but since the stitching had been pointed out, I was able to focus on it.
Later I mentioned out a couple of facts that I believed deserve consideration:
Both seller and buyer are experienced ebay users. Seller (Vince) has 114 transactions reported (including both buying ans selling). Our buyer (Rick) has 555 reported transactions, once again some buys and some sales.
I gave my recommendation. "Rick should sell the steering wheel on ebay for the highest price possible, (assuming no one here jumps on it). Then the dispute is narrowed to the loss, if any. "
But, in looking at the question again, I believe my responses should be amended. You asked us to tell you if you are wrong. Yes, IMHO you are wrong.
The ebay description offers an almost new steering wheel for a Fiero. The Fiero Store offers similar wheels for a Fiero, except they are new.
Although I cannot comment on the laws of the respective states of the buyer and seller (and the law of the seller's state would probably apply), I am qualified to comment on California's fraud statute, and I doubt that the other states have any significant difference (although I have not confirmed this as a fact).
In California, the terms fraud and deceit are synomous. Civil Code section 1710
provides that an act of deceit may be either:
1. The suggestion, as a fact, of that which is not true, by one
who does not believe it to be true;
2. The assertion, as a fact, of that which is not true, by one who
has no reasonable ground for believing it to be true;
3. The suppression of a fact, by one who is bound to disclose it,
or who gives information of other facts which are likely to mislead
for want of communication of that fact; or,
4. A promise, made without any intention of performing it.
Our facts do not fall under Subdivision 1 or Subdivision 2 since there were no fact asserted that are not true (or at least there is no evidence that the facts are not true). Subdivision 4 clearly does not apply since the seller did perform by shipping the steering wheel that he offered to sell following receipt of payment.
That leaves Subdivision 3: I do not see where there was a suppression of any fact by one who was bound to disclose it, particularly since no questions were asked by the buyer prior to his purchase. Likewise, I do not see where the seller gave any information of any other facts that were likely to mislead. Instead he offered a almost new (i.e. used, but in very good condition) steering wheel for a Fiero. Once again, had the buyer asked any questions, it might be a different result.
You also inquired: "Did I miss something in this ad that mislead me to think it was a new out of box with 1000 trailer miles on it????" Answer: Yes and No. You apparently did miss something in the ad. However, whatever you missed could not have misled you to think it was a new out of the box with 1000 trailer miles on it. (BTW, what would be the difference if it had 1000 trailer miles or 1 million trailer miles? Neither would reflect any actual use of the steering wheel.) More important to this discussion, it is apparent that you were expecting a new item; an expectation that clearly was not warranted by the description. Then your complaint changed ("black stitching" or "its not off a Fiero, even though it is for a Fiero). Makes it look like you have been searching for something (anything) that might stick.
Now, I realize that your attorney friends have advised you otherwise, but I doubt that you presented anything other than the slanted view that you have presented to us. So, assuming that they were not just humoring you, I would not give their agreement any consideration whatsoever.
I think it really is time to move on. The horse is dead. One other thing, since I am much older than Songman, I guess I'm not a kid either... feel like it sometimes, but the morning reality check (mirror) tells me otherwise.
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FierOmar
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