[DML] ebay buyer protection

["delorean6859" <tmadsop@xxxxxxxxxxx>]

If you have been following the 6859 saga, you know I was sold a delorean listed in "excellent condition" and "needs nothing".  I won't bore you with details other then to say it needs everything.  As such, I filed a claim with ebay buyer protection who in turn assigned the case to auction insurance agency, an outside insurance agency.  Read the terms of the program closely, I'll hit the highlights.  I DID reach an agreement today with auction insurance which will result in a partial refund of the vehicle purchase price.

The program only covers specific areas of the vehicle. Cosmetic, suspension, brake, or items that don't materially effect the performance of the car are not covered.  Items covered include gross misrepresentation rsulting in a significant devaluation of the vehicle to include odometer misrepresentation (however they were unwilling to use this avenue as they said that there was no way of proving the extent of the odometer fraud.  Now correct me if I'm wrong, but I thought that odometer fraud was designed to conceal the mileage of the vehicle.  They won't cover it because they can't determine the true mileage?). So what is left is damage to the frame NOT caused by rust, significant transmission or engine damage. Here's the catch, these items are only covered if they could not have been discovered during a reasonable inspection.  So follow me, major drivetrain damage is covered, but only if it is not readily apparent, and only if the car doesn't run properly (seeing the problem here). This may seem like a no win situation, however if you carefully read the policy and articulate why a claim should be covered using language quoted directly from the policy, you can get SOME settlement.  I was able to show the transmission problem was an intermittant problem yet still a significant defect, therefore unable to be detected during the initial inspection.  Here is another down side, I give up any legal claim for damages from the seller, even if it is for items not covered under the ebay buyer protection program. So the suspension, electrical, missing engine components, tires, trim, cosmetic damage is not covered nor can I file suit against the seller if I accept the settlement.  All legal claims for the vehicle are assigned to auction insurance agency for them to take whatever action they find necessary. So do your homework before the claim.  They will want estimates from repair facilities and that facility must personally inspect the vehicle (a little difficult in my case.  I found a repair facility that was willing to give an estimate but said they wouldn't do the work). In this situation, auction insurance contacted the delorean vendors for input and reached a settlement figure based on the lowest possible estimate.    Don't get me wrong, the claims adjuster was a great guy and the program is better then nothing.  Had I conducted an off ebay tranaction, I wouldn't be getting anything right now.  They are a business that has a responsibility to minimize payouts.  If you articulate your claim correctly, you can maximize that payoff and minimize the pain of an ebay transaction gone sideways. Weigh the benefits of buying through ebay before finding a car on ebay and making an off ebay offer.  You could be giving up a valuable, albeit difficult service.






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