I won a dresser from an Ebay seller in the Orlando area. He offered to deliver it. I was not home when it arrived, so I agree to Paypal him. When I got home I was shocked that it was trash. It took him a month to finally email asking for payment. Honestly, I thought he was embarassed to ask for it because he knew full well it was trash. This week he threatened me with negative feedback, when I said fine. He is now telling me that Ebay is a legally binding contract and he is going to take me to Small Claims Court. I have no use for this item and told him he can have it back, and he doesn't want it, only the money. HELP!? I contacted Ebay and they cannot answer. They are dealing with the seller on their end. Any ideas??
2006-11-29 12:38:14 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If he is threatening to sue you for payment, then you must counter his suit with a suit for misrepresentation of goods sold. Either way, send him a REGISTERED letter indicating that you do not want the item and would like him to take it back. This letter will help your case in court. Also - - -take DETAILED photos of the item showing it in its "junkiest light" , send copies of them to Ebay and let them know that this guy is not true to his word. Also get hold of his listing from Ebay to expose how he "showed" his product. This and the photos will also go a long way in helping you win a court fight.
Good luck.
2006-11-29 12:48:04 · answer #1 · answered by Len_NJ 3 · 1⤊ 0⤋
An ebay bid is certainly a legally binding contract (you agree to this when you submit your bid), but that is a two way street. The item must be as described by the seller. If you can prove that the item is demonstrably different from the way it was described in the ad, then the seller is violating his end of the contract. Save the ad and print it out while it is still viewable and take pictures of the item. If he actually takes you to small claims, these will certainly help your case.
If it is exactly as described in the ad (even if the ad may have left out information), you are legally required to pay the seller and he will win in court.
2006-11-29 12:43:18 · answer #2 · answered by James 7 · 3⤊ 0⤋
Take pictures of the dresser. Then tell him he can come and get it.
Print out the ebay listing and save it for court.
Save and print out all of your emails with him, and save those for court.
And it IS a legally binding contract - he contracted to deliver you the item as described. He did not. So he is as much in breach of contract as you are.
2006-11-29 12:45:52 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Why dont you wait until they declare the money until now thinking of taking action against the provider provider? you may basically sue to your loss no longer the industry fee of the item. you will be waiting to locate yet another trip for $4 hundred. besides, until now that occurs, you may wait each and every week then you certainly can open a dispute approximately no longer receiving the item and enable the Ebay dispute technique take its course. in case you dont receive the item, Ebay will refund you the completed volume you paid in case you used Paypal.
2016-12-10 18:46:24 · answer #4 · answered by ? 4 · 0⤊ 0⤋
I thought the basic rule is to receive payment then delivered the item..
If this seller chase you for payment after so long, perhaps he is trying to trap you by saying the item had been delivered and you had it with you for so long and presumed you had used it..
hence he does not want the item..
2006-11-29 18:06:15 · answer #5 · answered by dior babe 3 · 0⤊ 0⤋
Read the fine print on e-bay. I don't think he will actually take you to court but if he does then argue misrepresentation. The judge may rule buyer beware or in your favor. Not too many people go to small claims court, they just bluff.
2006-11-29 13:13:37 · answer #6 · answered by goodtimesgladly 5 · 0⤊ 0⤋
Give the dresser back to him.
2006-11-29 12:40:42 · answer #7 · answered by Anonymous · 0⤊ 0⤋