Possibly purchased a stolen nuvi on eBay - any advice?

Buyer Beware.

If it was me I would return the nuvi to the seller and demand a refund. Because if it is stolen the police could show up at your door and seize the item.

I agree with contacting the seller. You also have leverage through Ebay, Vs/Mc and or paypal to get to the bottom of this.

Do they give owner the end possessors info or contact police?

I don't think Garmin would give out the end possessors information to anyone other than the police if necessary. Obviously since I am the end possessor, at least for now, I hope not. They certainly didn't give me any of the registered owners information. I think they want to handle it for now.

I will copy and paste what gamin said (in an email) that the registered owner would need to do if they want it back:

1. File police report and send it to Garmin
2. Contact law enforcement officer to contact Garmin legal team

Once I purchased an item on eBay from what appeared to be a reputable seller, turned out that their account was hijacked by someone who "sold" me an item. Worked with eBay to get the money refunded.

Sounds like the GPS is stolen, and the eBay account could have been hijacked as well. They responded to my emails rather well, however I never received the item.

It is not obvious to me that either eBay seller or registered owner is being dishonest here. It is possible both are victims. The original owner most likely was ripped off, and legitimately reported the unit as stolen. The eBay seller may have purchased it from someone without realizing it had been reported stolen, never registered it with Garmin, and is now reselling it. Nonetheless, under eBay rules, seller eats the loss on this one.

I would want some kind of documentation from Garmin--an email--something--that said the unit was reported stolen. I would then forward that to the seller and request a full refund including shipping. If seller agrees, return the unit to seller at your expense WITH DELIVERY CONFIRMATION--an absolute must in the unlikely event seller says he never received the return. If seller is cooperative and refunds you, do not leave negative or neutral feedback for the seller because the unit was stolen. Leave either no feedback or positive feedback saying, "We had a problem but worked it out." Never ding a seller with neutral or negative feedback who makes an honest mistake but does the right thing afterward, as doing that hurts them on eBay.

If seller does not cooperate and says something like, my listing said "No returns," (that doesn't matter, you can return it), open a Significantly Not As Described claim with eBay.
http://pages.ebay.com/help/policies/buyer-protection.html

Your grounds are that the item was stolen and so could not legally be sold on eBay. You have 45 days from the time you paid Paypal or eBay for the phone to open a dispute. Count days carefully because there are no exceptions to this deadline. Paypal will most likely find in your favor, direct you to return the phone to seller, you will do so WITH DELIVERY CONFIRMATION, and when Paypal sees the item was delivered to seller, they will refund your money.

If you return the unit to the police or original owner instead of seller, you will have difficulty getting a refund from eBay or Paypal if seller is uncooperative, so return it to seller when told to do so by Paypal and forward any other directions you receive from the police about the stolen unit to seller.

Sorry
But I would bet it was stolen

Did it come with all the cables, dash mount for that model and in the box?

I keep everything and if I were to sell mine the new owner would get it all.

It came with the GPS and the cradle bracket. The seller lost the power cable. He was upfront about what it came with. The seller now tells me he purchased this from a personal friend.

Thanks everyone. I appreciate the responses.

I should not necessarily condem either the seller or registered owner at this point. I appreciate your advice. Thanks.

I would be happy I got it from ebay and not from some place else. They, at the least, can shut the seller down and revoke their ebay account.

You're pretty much protected on this one. Just keep up the correspondenct with ebay, etc. An audit trail is always important. You are doing "The right thing", just document it.

Good Luck

...charge you for receiving stolen property. Not likely; but it could happen.

Is it come with the box, manual, USB cable and everything? If you have the box with matching serial number then it's possible not stolen.
Otherwise I would return and demand full refund. Contact ebay dispute team for help.

I had something happen to me that was along the same line. All you need to do is contact PayPal and they will instruct you on what to do. You WILL get your money back with no problem.

Why would you ever buy any electronic item from eBay???? Buy a refurbished one from a legitimate seller if you are going to buy used...I think it will probably be more of a hassle returning and getting credit than it is worth.The phrase buyer be ware really pertains to your transaction....

Sorry you got taken by somebody....

Don't sweat it.

eBay covers you for this, should it turn out to indeed be stolen. And the local SWAT team is not going to be smashing through your front door in an attempt to resolve this heinous crime

Garmin said they'd be in touch, so wait for them to contact you. And note that it can't be declared stolen unless the original owner can produce a bill of sale AND a police report - even then, if he claimed it from his insurance and was reimbursed it isn;t his to claim anymore.

Anything else is hearsay and Garmin MUST unlock support in it's absence.

In any case if this isn't resolved before the complaint deadline gets close I would open a dispute ticket at eBay. I'd also open a ticket with Paypal. Your credit card is the ultimate stopgap if either of the first two give you any flack.

You have some time to get this resolved (check to see if it is 30 or 45 days) - in the meantime you can use the unit

You could have a stolen unit. You could have a recalcitrant original owner.

Because eBay is now mostly legitimate commercial sellers rather than private individuals as it used to be.

.. And because if you take action as described above to settle disputes, eBay has good built-in arbitration that other non-eBay internet sellers don't have.

LOL. I love how folks just make stuff up.

The unit was already registered with Garmin by a different owner. Garmin contacted that person and was informed that the unit was stolen. Garmin can most definitely refuse to provide support to the new "owner". Garmin doesn't need a police report or anything else.

You can buy refurbished units from Amazon, Walmart, Newegg, J&R and many other legitimate Internet sellers. Personally if I was buying used that is where I would be looking....

I have been selling and buying on Ebay for over 10 years. Ebay has a history of being on the sellers side. A current example is the modified feedback system. Paypal is helpful but leaves a lot to be desired. Using a credit card is the smartest way to go. I would notify EBAY, PAYPAL and demand a refund and return it ASAP.

As a long-time private individual buyer and seller on eBay (current feedback rating 718 & 100%), I've only had a handful of less-than-pleasant transactions. The new policies of eBay and PayPal make future "less-than-pleasants" even less likely.

I will continue to happily buy and sell on eBay--don't forget craigslist, too. There are precautions that should alway be taken to avoid risk: don't buy something pricey from anyone with bad feedback (% under 95, maybe even under 98); don't buy a pricey item from someone with 0 Seller feedback; don't buy a pricey new piece of electronics, camera gear, software, etc. from a seller in China, Hong Kong, Malaysia or Russia unless you're willing to gamble on counterfeits, etc.; when selling, ship with some form of tracking; don't offer to sell on eBay unless you know you can package and ship the item and still make a profit; etc.

If I never shopped or sold on eBay--electronics and camera gear, etc. included--I'd have missed a lot of great purchases and sales. eBay's not for everyone but it's not as bad as some suggest.

I will agree, though, that I'd probably not buy a used GPS for the very reason mentioned at the start--if previously registered to someone else, whether stolen or not, there will be more problems than I'd be willing to deal with--regardless of how great a deal I thought I was getting.

I hope you finally get to resolve it in your favor and not have it hang on forever.

I agree to contact Paypal...
Had a simelar instance, with another product...
You be "Up Front" with PayPal,and they will back you!!!

It's in their interest to support you too...

Contact Seller and Notify PayPal, Square Trade, eBay etc..... I did this twice and always worked in my favor as a buyer would bought an item that was not as described.

I truly wonder why YOU would make this stuff up.

Garmin hasn't told the original owner that it was stolen, supposedly the original owner told Garmin not to provide support, claiming the unit was taken . . . . but Garmin doesn't even do THAT. They will refuse support as long as the unit is already registered to someone else - and that is inappropriate.

But more to the point of this post; I am sorry to be the bearer of news you don't agree with (NOT), but legally, just because the original owner says it doesn't make it fact. That is why Garmin told the buyer that the originally registered owner has to come up with a police report . . . . but I guess in your zeal to be contrary you must have missed that little sticking point the buyer had posted.

In fact the unit could have been repossessed, rather than stolen and it would not be the original registrant's right to maintain control of the support for the device. It could have been sold, but the original registrant may have had a change of heart, or sees a way to get his unit back. I don't know. You don't know.

To have been 'stolen', from a legal perspective requires that he be able to prove that it was. For Garmin to deny service on the basis of a prior claim that the device was stolen DOES require that they be able to prove the fact, especially since the buyer can prove he purchased it and has a receipt. I suppose that most people might accept the denial of service and walk away, but they don't have to.

And declaring something stolen when it isn't is itself fraud.

Now, I admit that there is a significant possibility that the unit was stolen - if so, the original owner will have proof that it was.

If not, then Garmin has no right to deny access to support - and it is they who have taken the initiative by denying service.

Did you know that if you purchase something from a pawn shop, whether stolen or not, it is not considered stolen goods? Do you think Garmin should have the right to deny access to support on that basis?

Did you know that if you purchase recovered gear at an insurance company sale or a police auction it can't be considered stolen? Do you think Garmin has the right to deny access to support on that basis?

With a valid bill of sale in hand and in the absence of proof of loss Garmin has no valid right to deny access to service or support.

Now, no one will ever hire a lawyer to force the issue, but LEGALLY, without proof that it was stolen (and with the new owner having proof that he purchased it) they have to grant access.

Having said all of the above, I've already gone on record as saying how I believe the buyer should seek resolution in my previous post in this thread.

I hope for all the hassle and trouble you saved a ton of money....Sorry about your problem though....

I would contact PayPal to get a refund. Be aware there is a time limit. If you go past the time limit PayPal will not assist you. (Had a seller keep procrastinating with delivery of an item and it went past the time limit. PayPal refused to intervene.)

Keep that in mind.

Sometimes a dispute on eBay can leave one party totally screwed. I sold my Dark Age of Camelot accounts on eBay when I quit gaming. The winning bidder had excellent feedback. The sales price was $425. I received payment and then transferred the ownership (passwords, etc.) to the purchaser. About a week later I was contacted by eBay and PayPal and informed that the purchaser said he hadn't really purchased the item and his PayPal account had been "hacked" by his grandson. I lost the account and had to refund the $425. The guy got my two (excellent) accounts and I got screwed. I went back and forth with eBay and PayPal and it seems that, because I sold an "intangible" item they didn't give a damn that I had been ripped off. Their guarantees of safe sales didn't apply. I also heard that the guy who got my accounts acted like a major jerk online in the game and trashed my excellent reputation.

What you have to do is contact Garmin,send them a copy of your sales reciept,and Garmin will then remove the previous owners name from your Nuvi and then you can register it in your name.

What you have to do is contact Garmin,send them a copy of your sales reciept,and Garmin will then remove the previous owners name from your Nuvi and then you can register it in your name.

What Garmin initially did was ask me for my eBay or PayPal receipt. Understandably, they still will not remove the registered owner until they talk to them, or if Garmin does not hear back from the registered owner in three days.

So, in my case the registered owner responded within three days claiming it is stolen, and it is still registered to them. I'm still waiting to hear back from Garmin.

I see something on E-Bay without cables etc, I smell a rat! Who "loses" important cables when you use them? I suspect that in the seller's mad dash away from a car or home in a theft, he doesn't have the time to fetch all related cables,and cords etc. I have bought 3 GPS's from E-Bay, and they all came with the paperwork, and all related cables and dash mounts...stay away from some "nut" that says he "lost" the cables and instructions etc.

Just a thought...

I'd write back to Garmin and insist that they either provide proof that it was stolen or else activate the account in your name - give them a time limit.

Because right now all they have is hearsay - a claim without any backup, while YOU have a receipt. Your paper trumps his verbal claim.

If they provide the proof, you file a claim with Paypal.

I'd walk into my local police station and tell them your suspicion that it's stolen. They will be able to check the serial number in their computer very quickly to determine if its been reported. (All US police share this info)

But, if it is, they will take it from you

Let me know if you have any questions about this.

By now either there is proof, or you have access. Which is it?

Hope that it was not a 255WT from the IL area. I know someone who had their's stolen recently.

Did Garmin get back to you? Did the seller get back to you?

don't we learn in HS law class that any illegal transaction is unenforceable? Basically the OP has no rights if the unit is stolen. I don't see it actually happening, but they'd have to return it to the rightful owner.

Just thought of something I saw on tv....a kid called the cops to tell the cop he got ripped off on a weed transaction.

Can you update your GPS map without registering it? I know you can update the software without registration but not sure about updating the map.

Key word missing from the definition is 'provably".

This presupposes that the device WAS stolen AND that the OP reported it to the authorities and has a detailed police report, complete with identifying information (serial number) - "no report" = "Not Stolen".

Even so, if the unit was stolen and recovered and/or sold by the insurance company or police = "Not Stolen".

Lastly, if purchased from a pawn shop = "Not Stolen".

I have seen many situations where you purchase a referbished unit and Garmin still has it registered to another person. It is possible that this as 100% legit, the eBay seller had purchased a referb and sold it without the knowledge that Garmin still has it registered to the other person. The original owner might have had the Garmin replacement unit stolen, not the one that was sold on eBay.

Garmin is holding off registering this device to you pending the person claiming that is was stolen to produce documentation to support this claim. If they produce the documentation, then it will not be supported or allow reregistration of the device. If they can not or do not forward the supporting documentation, then with proof of purchase to Garmin I believe they will register it. That's why they said, "they will be in touch" and let you know what they found out. This is not the first time this has happened, Garmin knows how to deal with it.

Can you update your GPS map without registering the device? I know you can update the software without registration but not sure about updating the map. What if one does not want to register his or her GPS unit?

My refurb garmin was also registered to someone else when I got. I got this from Amazon so it could happen. I haven't done anything about it. Been meaning to call but never got the chance.

I haven't heard back from Garmin yet. They did warn me it will be a long process.

I have until the 9th of September to file a claim with eBay or PayPal.

To my way of thinking that's like saying a woman in a mini skirt and tube top approached your car downtown and asked if you wanted to party, and now you suspect you may be out with a prostitute.

That's Funny!