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Community Member
Posts: 9
Registered: ‎01-07-2008

Buyer is threatening to sue me over manufacturer defect????

To be honest, I am not even sure it is a manufacturer defect!  I recently sold a brand new item and 2 weeks later I received a very crazy email from the buyer basically saying the product 'had ruined her life' - more specifically, she sent pictures of 'her hands' (supposedly HER hands) with blisters on them saying that the product created the blisters.  She goes on to say 'although I don't want to sue you too, unless you refund my money I will take you to the cleaners'.  Yes, that is the actual quote.

 

Now I know technically, anyone can sue anyone for anything.  But what are the chances she actually has a valid claim against me?  She has insinuated that she is going to sue the manufacturer - who clearly has deeper pockets and would be more responsible for such injury than I would be.  However, she clearly has a big issue with me because she literally will not stop emailing me about it.  She has not yet left feedback either...and I feel she is holding it hostage trying to force me to return her payment. (AND she refuses to return the item as well).

 

I am also not convinced she suffered any injury whatsoever.  The blisters she claims are on her hands - but I can't be sure the pictures she provided are really her hands.  More importantly, the item was a pillow so one would assume her FACE would be the body part to suffer injury, not her hands.  I also googled the item in general to see if I could find any other lawsuits against the manufacturer and I could not.  It all just sounds suspect to me....

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Community Member
Posts: 2,849
Registered: ‎05-12-2007

Re: Buyer is threatening to sue me over manufacturer defect????

in reply to nofancyname

Just keep saying, please return for a full refund.  Don't deviate from that.  Don't commiserate about her poor blistered hands, just keep repeating:  please return for a full refund.

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Community Member
Posts: 9
Registered: ‎06-17-2013

Re: Buyer is threatening to sue me over manufacturer defect????

in reply to nofancyname

Wow, blisters from a pillow?

 

I could maybe understand a rash, but blisters??

 

If I bought something from eBay, and it gave me blisters or rashes, I would return it and expect my money back. I wouldn't keep the item that is giving me health problems!

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impalajohnny
Community Member
Posts: 6,305
Registered: ‎02-21-2006

Re: Buyer is threatening to sue me over manufacturer defect????

in reply to catahoulacurry

She's full of it. Tell her to return for refund and send her a link to your local court so she can file her suit. If she was really injured by a defective product she would be seeing doctors and lawyers not crying for a refund on ebay or threatening lawsuits against someone with no money as far as she knows.

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Community Member
Posts: 4,424
Registered: ‎02-25-2010

Re: Buyer is threatening to sue me over manufacturer defect????

in reply to impalajohnny

She's full of it. Tell her to return for refund and send her a link to your local court so she can file her suit. If she was really injured by a defective product she would be seeing doctors and lawyers not crying for a refund on ebay or threatening lawsuits against someone with no money as far as she knows.

 

 

Exactly. she won't even find a low life slip and fall lawyer to take her case. Do the usual...IGNORE, add the ID to your Blocked Bidder List, and for grins and giggles observe what the feedback left (for sellers) looks like. Be sure to use the "report the buyer" feature. 

 

 

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nowthatsjustducky
Community Member
Posts: 2,244
Registered: ‎08-30-2011

Re: Buyer is threatening to sue me over manufacturer defect????

in reply to kirakira7

kirakira7 wrote:

Wow, blisters from a pillow?

 

I could maybe understand a rash, but blisters??

 

 


In my day, the pillow provided relief from a good blisterin'.

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Community Member
Posts: 9
Registered: ‎01-07-2008

Re: Buyer is threatening to sue me over manufacturer defect????

in reply to nofancyname

What is so ODD is that she has 100% feedback and over 1300 transactions.  I didnt expect this from a user like that.

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Community Member
Posts: 3,652
Registered: ‎04-17-2007

Re: Buyer is threatening to sue me over manufacturer defect????

in reply to nofancyname

nofancyname wrote:

What is so ODD is that she has 100% feedback and over 1300 transactions.  I didnt expect this from a user like that.


If she's just a buyer, they ALL have 100% feedback since sellers can no longer leave anything but a positive for buyers. More important is the feedback she has left for others.

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Community Member
Posts: 4,424
Registered: ‎02-25-2010

Re: Buyer is threatening to sue me over manufacturer defect????

in reply to nofancyname

What is so ODD is that she has 100% feedback and over 1300 transactions.  I didnt expect this from a user like that.

 

 

All buyer Id's have 100% feedback. That is all they are allowed to recieve. They can be the biggest reversal/chargeback scammers on the site, and their feedback will always be 100 % positive. You need to observe their feedback left for others. If they have truly been flat breads, ebay may have removed their nasty comments left for others for the past year....making them look squeeky clean and above board.  Those that cannot file claims still resort the the initial NEWBIE SELLER SHAKDOWN to intimidate, even though they are blowing hot air. 

 

 

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jesusrocks3339
Community Member
Posts: 5,762
Registered: ‎04-30-2012

Re: Buyer is threatening to sue me over manufacturer defect????

[ Edited ]
in reply to ittybitnot

there is a chance she has a nickel allergy and it is showing up on her hands.  She could neg you of course, anyone buyer can for almost any reason.  I think I would keep encouraging her to return for refund.

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Community Member
Posts: 9
Registered: ‎01-07-2008

Re: Buyer is threatening to sue me over manufacturer defect????

in reply to nofancyname

Update to this saga:

The buyer did lodge a complaint with ebay over the pillow that ruined her life.  Initially, ebay said 'buyer must return item, seller must refund buyer'.  Buyer kept SCREAMING (yes in CAPS) about how she would absolutely NOT pay return shipping.  Of course I refused to pay return shipping and ebay agreed....at first....Eventually ebay totally caved and refunded her money without her having to return the item at all as the item was deemed too dangerous to ship.

 

Obviously, I am not happy!  At the very least, I think it's obvious the buyer damaged the item such that it was somehow sliced open and the gel came out.  But the money is gone and so is my brand new item...

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tripp_the_lab
Community Member
Posts: 5,953
Registered: ‎12-29-2010

Re: Buyer is threatening to sue me over manufacturer defect????

in reply to nofancyname

Are you sure the money is gone? Usually when ebay caves they pay off the buyer.





Proud member of The Pack of Disgruntled Failures!

Neuter the people, not the dogs!
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Community Member
Posts: 26
Registered: ‎08-10-2013

Re: Buyer is threatening to sue me over manufacturer defect????

in reply to tripp_the_lab

Never joke about a lawsuit or take the threat of one lightly. Trust me, you do not want to be sued. Because if you are, even by some pro bono nut, if you don't defend it, you will have a default judgment entered against you. In some states, merchants who sell defective products are shielded from product liability lawsuits. Refund this as quickly as you can.

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buynow*buynow
Community Member
Posts: 892
Registered: ‎04-26-2012

Re: Buyer is threatening to sue me over manufacturer defect????

in reply to neithernor2013

Did she put it in her microwave and then try to remove it without protection on her hands after she had overheated it?

 

*******************************

Reply may or may not be for the person the reply says but just because you were the last ID that posted to this thread when I started to reply to the thread.
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Community Member
Posts: 523
Registered: ‎08-20-2010

Re: Buyer is threatening to sue me over manufacturer defect????

in reply to nofancyname

Once I stumbled upon a whole case of electric carving knives, still brand new in the sealed boxes, on a grocery store clearance aisle. These are normally $20+ items, and I think I paid $2 for each one. So I figured I'd hit the Ebay jackpot. After I got home, I realized oh blank, some idiot Ebay buyer is going to slice off her finger and then threaten to sue me. LOL, guess what every friend, relative and associate has been given at least once in the past five years for a holiday gift, birthday, wedding gift, etc. I only have one left. They made excellent and well-received gifts, so at least it wasn't a total waste of money.

 

 

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retrose1
Community Member
Posts: 7,184
Registered: ‎02-10-2003

Re: Buyer is threatening to sue me over manufacturer defect????

in reply to buynow*buynow

I had a customer come in and talk about suing me for some lame thing when I had my store.  Luckily one of my regulars there was a lawyer and happily stepped in to inform the idjit about what would happen if they did sue.  About how a good lawyer would tear their personal life apart finding out exactly how little damage was done in defense of their client and how if the case was thrown out or the idjit loses a good lawyer would see to it they will be on the hook for lawyers fees.  Took him less than an intimidating minute and idjit left never to be heard from again.  Regular customer got a free costume rental for his work and my hearty thanks.  While he was a lawyer, it had nothing to do with civil stuff so he wouldn't have touched it, but he had a good time inplying he would.

 

OP, since ebay decided to do your thinking for you, play the same game your buyer did if your money for the item is now gone.

 

First report the buyer to ebay using the report a buyer link.

 

File an internet theft report against the buyer and ebay for the amount of the money.  Tell them you need it for a claim.  Get the report number.

 

File a using the mail to defraud complaint against the buyer with the post office.  Get the report number.

 

Now take those report numbers and plug them into the appeals section of the dispute and explain that it was your choice to refund not ebay's and you would like to have your money back.

 

If you want to put some pressure on, file a complaint against ebay with the BBB in San Jose.

 

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Community Member
Posts: 2,823
Registered: ‎11-26-2010

Re: Buyer is threatening to sue me over manufacturer defect????

in reply to retrose1

Took him less than an intimidating minute and idjit left never to be heard from again

 

I'll bet that even if your lawyer friend had not been there or had not said anything to him, you still would not have heard from that customer again. It may have made you feel good, but I doubt the "intimidating minute" actually changed anything.

 

Unlucky

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Community Member
Posts: 2,525
Registered: ‎06-13-2005

Re: Buyer is threatening to sue me over manufacturer defect????

in reply to nofancyname

Personally, if the person starts yelling about lawsuits I refer them to our attorney.  If they want to discuss their complaint rationally without threats, fine.  I they want to threaten lawsuits, that is what our attorney is for.

"It is an intelligent man that is aware of his own ignorance."
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on_isle9
Community Member
Posts: 974
Registered: ‎12-31-2010

Re: Buyer is threatening to sue me over manufacturer defect????

in reply to nofancyname

Seems like when they have a product recall, all the store has to do is take the stuff off the shelf. Now if you know or knew it was a bad product from a recall and didn't take it down, then you might be liable.

 

Not your problem, and should not be refunded, ask her for the product recall notice.

Less items for everyone to see..
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Community Member
Posts: 1,098
Registered: ‎02-16-2013

Re: Buyer is threatening to sue me over manufacturer defect????

in reply to nofancyname

Something weird here............

 

Are you saying Ebay told the buyer to return to seller for a refund.......

 

Buyer refused and Ebay changed their mind from their original stance?

 

What did the buyer say/do to convince Ebay?

 

Why did Ebay change their policy for this buyer?

 

Did Ebay give the buyer a courtesy refund.........?

 

Was your account debited for the amount?

 

Please explain further.....

 

This whole scenario is not making sense .............

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