I recently sold an item on ebay. The buyer paid using paypal. The buyer said the item didn't have a battery

Question

in it when received. I know the battery was in the item. We bought this item, used it 2/3 times&put it back in the manufacturer's box. It's been stored in our game room amid the games for quite some time. I went through the games,found it&decided to sell it with other items on ebay. I didn't have proof (picture of the battery itself) so I tried to resolve it by buying a brand new battery in it's factory box, sealed w/factory tape. The buyer stated the item STILL did not work! She filed a claim with paypal. 1 thing in her claim was that she hadn't returned the manual (there WAS a picture of this on the auction) but was going to do so(have not recv'd yet). I asked her about the box that the new battery was sent to her in, says she threw it away. Paypal resolved the claim in buyer's favor. I sent them an email stating the buyer didn't return the item to me in it's shipped condition, ie missing manual,no box to return battery,buyer states this FACT in dispute on paypal! Can I sue paypal?

You 2 are the only ones who answered and I appreciate both of your responses. How am I suppose to pick one over the other when they are both GREAT answers? I guess I have to leave up to u 2 or let yahoo decide. Either way, you have both helped me tremedously in different ways, and I want to say thank you.

Answer 1

I wouldn't waste any more time and effort with them by suing. Put it down to experience and don't use them again. Don't pay up until you have everything returned to you.

Answer 2

Just for future reference, when you sell something used in Ebay, please state that there is no warranty expressed or implied. in other words you are selling the item as is, that way you can cover yourself from abusive people. Good luck!!!