- Report: #1223139
Complaint Review: Johnny Cealmov - Internet
-
Author Confirmed
Why?
Johnny Cealmov
Internet, USA
Web:
Ebay.com
Categories:
Business Rating:
(0)
Tell us has your experience with this business or person been good?
Johnny Cealmov Johnnyc1941 ebay user name Misrepresenting a car on ebay. Stuart Florida
Report Attachments
Johnny Cealmov ( ebay user name johnnyc1941 ) is refusing to refund a $500.00 deposit put down on a Toyota Sequoia I was trying to purchase from him. ( his moms car) "in my opinion" he is short on honesty and integrity! Read my story and decide for yourself. I believe that he is guilty of fraudulent misrepresentation.
Fraudulent misrepresentation
Under contract law, a plaintiff can recover against a defendant on the grounds of fraudulent misrepresentation if (1) a representation was made; (2) that was false; (3) that when made, the representation was known to be false or made recklessly without knowledge of its truth; (4) that it was made with the intention that the plaintiff rely on it; (5) that the plaintiff did rely on it; and (6) that the plaintiff suffered damages as a result.
Pay pal has refused to refund the money. Not because they they though Johnny Cealmov was in the right. But, because their policy is no refunds on anything with a motor period! Read the user agreement, I hadn't since I signed up 15+ years ago. Fact is paypal doesn't protect you from much.
For the record I ran a search on Johnny Cealmov before I starting trying to purchase the car. Nothing negative came up. I asked many questions over the course of 2 days. When I felt the deal was moving forward I sent a deposit for the car, to show intent to purchase, and so i would not lose the car to another buyer. I asked him to bring the car to a Toyota dealership in the town he lived in in Florida. He did without question. ( I did this because I was trying to purchase the car from NY)
The dealer came up with a big list of repairs that the car was going to need. The biggest one being that the timing belt was never replaced! This was a huge deal for me and was the deciding factor in not purchasing the car. ( Its was mentioned in every listing for the car and I asked Johnny twice! (?) I asked the service writer, was he sure? 30 years working in a certified Toyota shop. I'm positive. Bolts have never been off! Plus you always replace the water pump when doing this service. Water pump on this truck from the assembly line. He also thought I should know ( because I was paying him to inspect it ) This Sequoia has been in the Toyota shop 4 times in 6 months with a bad front end problem? And it's still not fixed.
For the record when Johnny picked up the car he never said a word to the Service manager. If someone was doubting my word? I would have been upset.
When I emailed Johnny, I hoped he would be a shocked as I was about the cars issues. After all it wasn't his car. His answer, that's just their opinion??? His reaction makes me think that he knew that the car had some issues he didn't mention? And as a seller I guess he really doesn't have to? Buyer beware.
However! If you are going to state something has been done! That you know hasn't been done, or not sure it has been done. That is fraud! No way around it! At that point I requested that he send back $425.00 of the deposit keeping $75 for his time and effort getting the car to the shop. He said no refund! His reason? Because I had cost him another deal? At no point prior to the deposit was non-refundable ever mentioned. Its mentioned it some ebay listing, none that I would bid on.
Had his description been 50% accurate and the timing belt (had been) done I would have purchased the car!! No questions!!
He Re-listed the car on ebay. With all this new knowledge he didn't change a thing on the listing!! How's that for an honest guy!! The Sequoia sold in less than a day!
Here's Johnny's eBay listing:
Very Clean adult owned Toyota Sequoia. 118,432 original miles. I am posting this truck for my mother who is 54 years old and only used the truck to cart the family back and forth to Florida, mostly all the miles are highway miles up and down I95. She is now retiring in Florida and no longer needs the truck. Truck was religiously maintained, synthetic oil changes since new, tune-ups always done on time, timing belt was done at 95,000 miles. Truck was never in any accidents and never had any paintwork done. Only thing the truck will need is front pads our mechanic said next oil change as they are getting low. Truck lives in a garage when it is not driving to Florida and the condition of this truck proves this. Come check out the truck, it truly speaks for itself, you will not be disappointed. Probably one of the cleanest well maintained Sequoia listed on Ebay.
The ebay listing # 271810799354
Embellishing a listing is a given! But there are very few factual statements here!!!
Now would it surprise anyone to know that Johnny's mom has only owned this Sequoia since 9/14?? 6 months!!!
Mostly all the miles on 95? Maybe most of his mom's miles? But what about the 100k+ miles before she owned it? Synthetic oil since new? ( its use is suggested after 50k for proper break in) religiously maintained? ( timing belt he told me it was done by a private shop in Philadelphia, he never got around to sending the invoice.
Even scheduled maintenance would have turn up some items on this car. Toyota was replacing frames on Sequoias and Tundras From this model year because it was an issue. This Sequoia would have never passed inspection in New York!
" Probably one of the cleanest well maintained Sequoias on EBAY?? Really???
**Had they owned the car before Sep. 2014 they could have had the frame replaced for FREE! Offer expired 8/2014
Here are some of the things the dealer found (short list) Treasure coast Toyota of Stuart 5101 SE federal highway Stuart Fla 34997
invoice # TOCS 570783
1. NOTE: |
| 2. HEAVY FRAME RUST |
| 3. HEAVY BRAKE COMPONANTS RUST.. NOTE: |
| 4. ROTORS CALIPERS RUSTED NEEDS BOTH FR CALIPERS/ROTORS |
| 5. LEFT FRONT CALIPER HANGING UP-PADS WORN TO
| 6. (OTHER BRAKE PADS OK, BUT MUCH RUST.) |
| 7. ANTENNA MAST STRIPPED. NEEDS ANT ASSY.. |
| 8. NO EVIDENCE OF TIMING BELT..(COVER BOLT HEADS NEVER REMOVED) |
| 9. NEEDS TIMING BELT PKG WITH WATER PUMP/SEALS, BELTS & COOLANT |
| 10. OUTER TIE ROD BOOTS LEAKING |
| 11. TIRES CUPPED/CHOPPED NEEDS TIRES & ALIGNMENT TO CORRECT |
| 12. THROTTLE BODY FILTHY-REC FUEL TUNE UP.
So now the next time someone runs a search on Johnny Cealmov they will have more information than I did! There will always be a record of what he is willing to do for money. Hope it was worth $500.00!
Now I am out the $500.00 this part is true, but it's not my job to judge Johnny. I did however wanted to share my story so that the next time someone is concerned about doing business with him and thinks enough to do a search on him they will have this information to go on. I requested johnny send back the money 3 times. he not answering emails anymore. maybe now he wished he had. I have filed an IC3 report and sent a notarized letter to NYS Attorney genreral office as well as the States attorney General in Florida We will see what happens there. The chances of going to Florida to file a small claims case are not very promising at this time. But I have a few years. Maybe the person who purchased the car never has a problem with it. But that's doubful.
Also it should be noted this was not a to good to be true listing. Asking price was over Kelly blue book. Which I was willing to pay for a Sequoia in Excellent condition.
Johnny's honesty is very questionable in my opinion. Is opinion is very questionable and I don't think he has any integrity.
My advice to all: Pay Pal suckes, its really not the safe way to pay! Remove your bank account from it and only use a Credit Card with buyer protection
Report Attachments
