Legal question for Fraggle(juristictions)

Defendant posts add on ebay for BMW that he wants to auction. Nobody bids on it.
Our client contacts him via email and offers to buy BMW for $4,000 he is a resident of the great state of New York. Defendant a resident of Kentucky strikes a deal he drives it to Ohio where our client picks it up. Our client the plaintiff takes it home and discovers that the piston heads were sawed to make the car sound like it is running fine. Car needs up to $5,000 in work. Ebay add says work was done by BMW dealership. Defendant then responds to our plaintiffs email saying he did the work himself and you get what you pay for. Now sawing pistons and lying about who did the work is clearly fraud.

But do you believe New York State would have juristiction?
Because all information on the internet is considered "published" and he solicited the entire world including New York via Ebay do you think we could get juristiction in New York. Because the $4,000 isn't worth going to federal court or to Kentucky over..... Case law for the internet is pretty shitty.... your thoughts?


cliff notes, would advertising an auction over ebay with the intent to sell be considered solicitation of another state?

jurisdiction

send $100 to my paypal and i'll consider reading that post.

DIC

You ( or whoever told you ) have the story all screwed up, you do not saw off pistons to make a car sound better.

Hope you can afford an expert witness, because as it stands you're toast.

I think the plaintiff should just eat the loss because they bought a car off the internet sight unseen.

You give me that juris-my-diction crap, you can cram it up your ass.

d

You might want to learn how to spell "jurisdiction" before you try to represent somebody as "our client".

If the fine text says, "sold as is" he's screwed.

I have bought a few used vehicles. I normally take the car to the dealership and have them run a full test on the car, if it passes...then I take possession of the vehicle. Most sellers that AREN'T trying to hide something will have no issues doing that.

He can file a complaint for false advertising to ebay...they will go into arbitration...blah...blah...blah, and the end result, he still gets screwed.

Sounds like there is enough contact in NY to get jurisdiction, probably in OH too. The trick is naturalizing the judgement in the defendant's home state and collecting on it.

CrazyLEG said:

I have bought a few used vehicles. I normally take the car to the dealership and have them run a full test on the car, if it passes...then I take possession of the vehicle. Most sellers that AREN'T trying to hide something will have no issues doing that.

Click to expand...

Very smart move. I buy ALL of my/wife's vehicles new but DOCUMENT EVERYTHING I do to the vehicle so sale/warranty is trouble free.