Legal Question in Consumer Law in North Carolina

Re: ebay purchase

Unless there are certain conditions to the contrary which attach as a result of doing business via eBay, you can sue him in California. Recovery of attorneys fees may also be available.

Contact me to discuss your case in more detail.

Regards,

Ben

Re: ebay purchase

from the facts given so far, it definitely sounds like the seller of the Harley purposely availed himself to california in making the sell to you since he knew it would be shipped to california by virtue of the ebay transaction. thus jurisdiction would be proper in california and you would not have to travel to NC to file your suit. further, unless there was a "sold as is" condition stipulated,the harley would have at least an implied warranty of merchantability, in which it must be suitable for normal "consumption". thus, absent the "as is" language, this seller is in breach and you can sue him in contract or tort law based on breach of implied or express warranty and/or misrepresentation/fraud. if you would like further assistance and/or representation on this matter, feel free to email more specific facts of your case, including dates and what all of your out of pocket costs were, including the bike purchase itself. also, if we are able to prove fraud, punitive damages could be awarded as well. talk soon.