I recently placed an ad on Ebay trying to sell a box of comic books that I inherited from a relative. I placed a general ad with a rough estimate as to the number of comics in the box. I estimated there were approximately 750 comics, but I was not sure about the actual number of comics. An ebay member contacted me outside of Ebays forum and made me a cash offer outside of ebay for $750.00.I accepted the offer thinking that this person was a serious collecter and knew what he was buying. He sent me a cashiers check for $750.00 and I then met with his "agent" to give him the box of comic books. Now this individual is claiming that I somehow defrauded him by lying about the actual number of comics in the collection. I never gave him an exact number, just a rough guess. I know very little, if anything about comic books. I was just trying to sell them for whatever I could get. Now he is threatening to press charges on me. I think this is simply buyers remorse. He thinks it is fraud. HELP!!
2006-10-17 09:24:14 · 13 answers · asked by 100% Chance of Pain 3 in Politics & Government ➔ Law & Ethics
I placed the ad, along with a photograph of the comics and he made an offer outside of Ebay, which I unfortunately accepted. I never gave him an exact number or listing of the comics. I only gave a rough guess-timate and listed a brief list of some of the comics in the collection. I NEVER gave him an exact number nor an exact , complete listing as to the comics in the collection. He is now claiming that I frauded him by lying about the number of comics and he is also claiming some of the comics in the collection were missing. I have NO WAY of knowing how many hands these comics went through after I turned them over. I cashed his check and turned over the comics to his so called "agent" as promised. Now he is threatening to press charges for fraud. I believe he is just experiencing buyers remorse or he is trying to defraud me somehow. Either way...I dont want to be arrested for fraud, but I dont have the money to refund either. I offered to pay him back 40.00 a week until hes paid off.
2006-10-17 09:43:00 · update #1
I offered to pay him back a little at a time, and I want the comics back as soon as he is paid off....but I think I might be getting taken advantage of now. Seems like extortion to me.
2006-10-17 09:44:19 · update #2
It is not an eBay transaction when the deal happens outside of eBay, as in the situation you described. I think you were both foolish, but I don't see anything immoral or illegal about it. If he had paid you by PayPal and then met you in person to pick up the goods, PayPal would not protect you and would give the money back to him.
2006-10-17 09:35:05 · answer #1 · answered by norcalirish 4 · 1⤊ 0⤋
Funny that he would send an 'agent.' It's all quite odd. However, a person playing on the level would NEVER have contacted you off e-bay and persuaded you to take a cash offer.
It would be easier to answer this question if we knew what states you and this other guy live in. Though I can tell you right now, I do not believe this guy will sue you over $750.00.
Since the transaction took place outside of E-bay, he has no protection or recourse from E-bay, or from PayPal, for that matter. (Though, both sites in my opinion offer BAD protection.)
So, actually, HE is in the bad spot, NOT YOU. Don't let him convince you otherwise. I would not reverse the transaction, as there isn't any real way to know if he's taken a comic, or replaced an original with a reprint, etc.
2006-10-17 09:33:19 · answer #2 · answered by fallenangel 2 · 3⤊ 0⤋
Well, one problem you have is that this was not an eBay transaction, since he contacted you off of eBay. This, btw, is against eBay "rules". I don't know what charges he can file or with whom. He didn't pay thru paypal or buy thru eBay, so I am not sure what his plans are. I would offer the $ back and relist them on eBay and sit out the whole auction this time. When people contact you off eBay on a big item like that, usually they are trying to get a deal. I had this happen to me before.....but I sat tight and made twice what the person offered me.
My only worry would be that this person would not give you back all the comic bks and since you don't know the # you won't know (he may keep the valuable ones).
As another person said, it is hard to say too since we don't know how many short the collection was it makes it hard to totally determine.
Good luck!
2006-10-17 09:40:01 · answer #3 · answered by Beth M 4 · 1⤊ 0⤋
Well, luckily for you, there is very little this guy can do. I doubt he even has a receipt giving any information about the transaction so there is no way for him to prove the sale. Plus, it is totally unethical to contact someone on the side to make a sale OR purchase (for future ebaying reference, NEVER do this again).
I would suggest printing out a copy of the ebay ad you placed circling or highlighting the areas where you are clear about the approximate number of comics. Then fax or send him a copy of this.
Either way, it is too late as there is no way for him to prove what you gave him or that what he has is ALL you gave him. He's SOL and you should tell him so. This is a scammer, most likely trying to scare you into giving him money back. Stand your groudn!
2006-10-17 09:41:20 · answer #4 · answered by Goose&Tonic 6 · 1⤊ 0⤋
Well as long as you can prove that you gave no guarantee as to the exact amount you are in the clear. Do you have copies of the e-mails where you said, "750 in the box, but not sure exactly" if you always kind of dis-claimer-ed with, "but not sure exactly" your ok.
In the end if he's really not happy, tell him to send you the comics back, give him his money, tell him to suck it. Then put them back up on EBAY and take your chances with auction.
In the end he has nothing legally binding that claims amount of comics to be purchased unless you drafted a buyers agreement, which it sounds like you did not.
2006-10-17 09:32:05 · answer #5 · answered by jasonzbtzl 4 · 1⤊ 0⤋
Hi! If you're talking about the camera, then you only won the auction on 31st Jan, so I think it's prudent for you to give them a few more days yet. Anyway, if you do end up having any problems, use ebay's dispute resolving service. Hope this helps!!
2016-03-28 13:15:06 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Well he went outside the forum! And if you are truthful and said, it was just a rough estimate he can not sue you for fraud or have you charged with it. I asked my friend to because he is a very long time Ebayer and has had similar things happen to him. And he agrees that you can't get in any trouble if you were truthful about the rough estimate part!
2006-10-17 09:34:25 · answer #7 · answered by Anonymous · 0⤊ 0⤋
It would help if you linked to your ebay auction so we could see your exact wording.
Did the buyer give you a count of how many you were off? 10 or 20 is no big deal, especially if you said "approximately" in your original auction. 50 or 100 would be a big deal.
Anyway, the issue seems to be that he paid a dollar a comic book, right? Ask him to give you a final count as to how many there were, and refund the difference at a dollar a comic book.
If it's a different issue, just take them back and refund the money.
2006-10-17 09:31:34 · answer #8 · answered by Uncle Pennybags 7 · 0⤊ 3⤋
Well since the transaction happened out of ebay's hand they won't get involved. As far as settleing the problem. Since I don't exactly what the ad said or the correspondence between you two the only solution is allow him to press charges and end up in small claims court. Chance are he won't win. Even if he does win, you will just end up returning his money and he returning his books to you. You may also end up in binding arbatration.
2006-10-17 09:34:04 · answer #9 · answered by Anonymous · 1⤊ 0⤋
First of all you should NEVER deal outside of Ebay. That's why Ebay is Ebay. They can settle differences as long as you stay inside of Ebay. You were BOTH wrong to deal outside of Ebay and he hasn't a leg to stand on. You have it in writing that you estimated the number of comics. That's all you need. Tell him to go ahead and sue. You'll meet him in court (at his expense of course).
2006-10-17 09:34:01 · answer #10 · answered by Anonymous · 3⤊ 0⤋