Woman sues over faulty eBay vehicle

The Stratford Police Department advertised the 2000 Honda Civic on eBay as a car that was missing a stereo and showing normal signs of age, but still in good condition.

It was enough to entice Kerry McTiernan to place a bid in the online auction and pay $4,049, hoping it would be a suitable vehicle for her son. Instead, her mechanics said it's not even safe, and the Clinton woman is suing the Camden County borough and its police department.

In a complaint filed in Superior Court in Hunterdon County, McTiernan alleged breach of contract, legal or common law fraud and recision for refusing to refund her money for the seized vehicle, a total of $4,464 in damages.

The defendants "had an obligation to ascertain whether the car was at least reasonably safe to operate on the public streets and highways of the State of New Jersey and to insure that any mechanical or other defects in it were disclosed to any potential buyer," according to the lawsuit that attorney Harmon Lookhoff filed on her behalf in Flemington.

"The vehicle was determined by two professional auto repair facilities to be so defective that it could not be driven safely and McTiernan was advised by them not to even try to move it once it was returned to her driveway," Lookhoff wrote.

One mechanic said the car had been in at least one accident, and the frame was severely damaged, which could lead to a loss of control at any time. Another mechanic thought the car had been hit in the front and the rear.

Stratford, a town of less than 7,300 residents about 12 miles south of Cherry Hill, rarely has seized vehicles for sale, said borough clerk John Keenan. Officials have not been served with the complaint, but they received a tort notice.

The town has twice used eBay to sell vehicles. The other vehicle was a fire truck. Buyers are warned the cars are sold "as is," he said.

The lawsuit says the car was advertised before and including July 28, 2008. McTiernan was told she could view it on any day except Sunday, and the car could not be test driven for insurance reasons. Her daughter, Aileen McTiernan, went to see it, but no one was there to give her access to the car, the lawsuit says.

"She came on a Sunday to look at the car, and there is no one here on a Sunday," Keenan said. He was sure an employee would have driven the car with her in it, he said.

The accidents and the compromised frame are not defects McTiernan could have readily discerned from a test drive, Lookhoff said in a phone interview.

The car was still titled and insured by the municipality when two Stratford police officers delivered it. One officer drove the car, and the second followed, and the town charged $50 for delivery exceeding 50 miles, Lookhoff said.

With about 89 million active users, eBay does not track how many police departments use the online marketplace to auction seized vehicles, said spokeswoman Evonne Gomez. Sellers with higher volume can participate in the "Condition Guarantee by Seller" program. Under that option, sellers guarantee that the vehicle's condition is accurately described. If not, the seller will fix the problem free of charge, according to the website.

Under state statute, a police department must get permission from the local prosecutor's office to auction a forfeited vehicle, said Lisa Ryan, a spokeswoman for the state Department of Community Affairs. In recent years, online auctions have become more popular, she said. Sellers are not required to have vehicles inspected first.

"It is buyer beware, and the sale is usually without any warranty," she said.

Jennifer Golson may be reached at jgolson@starledger.com.