Ebay seller lies multiple times - worried I could get screwed over on return

[im3hawn]

Items condition was misrepresented.  Was listed as "Used" when it should have been listed as "For parts or not working".  Auction was for a professional tripod and fluid head and I won it at $326.00 + $30 shipping.  

When I received the item (took 2 weeks from PA to MI, btw...), it was instantly evident that the fluid head was broken.  Anyone taking pictures of or handling it would have had to realize there was something wrong as the top pieces were very loose and "shifty" when they obviously should be tight. Item was packaged well in both it's own soft case and outside boxing so damage didn't occur during shipping. Yet the description said "...in great used condition tested & functional..."  After discovering this issue, I contacted the seller to report the problem and his/her reply was "I buy these items at a clearing house & sometimes don't have know what the full function of the equipment is.  I considered everything as working fine...You did mention that you are happy with the tripod itself & seam as if you would consider some partial refund.  I'm currently broke from paying ebay fees & bills but In a few weeks may be able to offer a partial refund if that is suitable to you"  

I replied that a partial refund would be acceptable and that I would consider 15% an appropriate amount (15% off for a 50% functioning item seemed generous to me) but would expect to receive the partial refund within 1 month of auction close (10/6/2015) - after all, I still needed time to do a return if necessary.  Never herad abck from the seller so I also sent a reminder message a few days before this deadline indicating I would have to leave a negative review because of how the seller failed to follow through.  I never received a reply to that either so on 10/7 I left a review summarizing my experience:

"Slow shipping-Item was not functioning-seller misrepresented condition...beware" 

I added the last word because (1) I saw negative reviews from other buyers saying negative things which indicated a pattern and (2) Limited characters meant I had limited words to choose from but wanted to emphasize this is a seller that maybe you'd want to think twice about buying from. 

This is what he/she wrote in reply to my review:

"extortion - buyer wanted $50 - but never provided proof of any damage"

Instead of just leaving a negative review right away or immediately filing a return request, I chose to go the route of communicating with the seller to resolve the issue and I get accused of extortion.  Nice.  I was willing to accept a partial refund because I was still interested in keeping the part of the tripod that was functional and also wanted to avoid the hassle of returning.  I am indeed happy with the tripod legs and intended from the start to use ithem with one of my higher end Sachtler fluid heads but I was also hoping to use the Vinten head on another set of legs.  In fact, shortly after the auction I purchased a camera plate from B&H in anticipation of such as the seller stated it didn't have one.  Since the fluid head from the auction is broken, that $75 was wasted money because it is specific to this model of tripod head and won't work with any of my other equipment.  One more thing I have to worry about returning and getting refunded for…

If the seller wanted proof the item was broken he/she should have made that request instead of telling me that they'd issue a partial refund when really they seemingly intended to just 'wait out the clock' on the return window.  The issue with this head would not be evident in photos at all - the part that is broken is inside the fluid head.  The problems are, (1) if you mount a camera onto the head, it significantly wiggles up and down on one side and (2) the counterbalance springs don't work - i.e., there's no counterbalance resistance at any setting.  Both issues point to the problem being that the drag shaft has sheared off within the housing.  Anticipating that I might have to return the item in the end, I refrained from taking the head apart to document or confirm this issue worrying it would affect return eligibility.

Although I'm not an eBay 'power user', I've been a member since 2002 and amazingly don't recall ever having to give negative feedback or return an item before. Never received negative feedback, either.  Though I did once receive a partially non-working item years ago, the seller and I communicated on the issue and came to a resolution that worked for both of us.  This has been my first 100% negative experience in 13 years and it's true what they say -  it only takes one bad turn to leave a sour taste in your mouth.  If sellers can lie about the condition of an item, then lie to buyers about what they intend to do to remedy the problem, then actually do nothing to resolve the problem and then finally lie about the circumstances of their negative feedback without recourse from anyone... well, then buying on eBay is ultimately neither a positive nor secure shopping experience.  In the end, this one transaction will have cost one of eBay's good and long time customers their time, money and patience.  

So, to my question:

If I return the item under the eBay Money Back Guarantee, what's to keep the seller from lying about the condition it was returned in or lying about whether he/she ever received the item?  Even with tracking, based on the messaging I've seen from & by this person I could totally see them claiming I sent them a box of rocks - would I then be out the money AND the item??!  And possibly the shipping charges to return the item as well?  That'll bring the total cost of this debacle to just shy of $400 for me... 

What a hassle 😞

Shawn