Resell refunded item

[stewart1962*]

Good morning. I mistakenly sent the wrong item to a buyer. I immediately issued a refund and buyer #1 would not agree to return the item. (It was more expensive). I understand that is their right; it was my mistake. 
The buyer #2 did return the item the incorrect item to me.  
My question is; am I obligated to offer it or resell it to buyer #1? At the same price? 

The item has increased in value and I’d like to just relist it at a higher price and not deal with buyer #1 again. 
I want to do the right thing; need advice! Thank you 

[hartungcards]

The right thing to do is relist it at any price you want to sell it for now.  Put buyer #1 on your blocked buyers list, and all of your problems are solved.

[heckofagame]

Even though it was your mistake, if you wanted the item back, you should have had the buyer open an INAD case. Then upon receiving the item back, you could have issued a refund. 

[dentalsales4u]

You do not need to deal with buyer #1 as they did not file a return case. Their transaction is done since they refused to return the incorrect item they received. Just add them to your BBL.

It's a hard lesson learned.

The item that was returned can be relisted at any price you wish.

Good luck to you.

[mam98031 · Accepted solution]

I don't blame you.  I wouldn't want to deal with buyer 1 again either.  Make sure you put them on your BBL [blocked bidders list].  Since you already refunded buyer 1, your transaction with them is complete.

Buyer 2 seems to be an honest person and willing to work with you.  I would write them and let them know you were unsuccessful in recovering the item they had purchased from the other buyer so you can't complete the transaction and will issue them a full refund.  Also let them know you have another item similar but more expensive that you would be willing to make a deal on for them.  Give them a discount on it because of the issue with the first transaction.  Ask them if they would be interested.

You can do the discount by having the buyer purchase the item but DON'T pay for it.  Then you can send them an invoice with the agreed upon discount and they can pay from the invoice.

If they say yes, then relist the item, email the buyer a link to the new listing so they can find it easily and purchase it.

But make sure you blocked buyer 1 so they can't purchase anything from you.

Try not to feel too bad.  Many sellers have made this mistake in their selling journey.  It happens.  Just learn from it and move on.  You appear to be a good seller trying to make the best out of a bad situation.

[stacy_1971]

Exactly how did buyer #1 go down.  Did they contact you with the wrong item, or did you figure it out yourself?  Did you ask them to return the wrong item, or did they reach out to you stating they got the wrong item, but was fine with keeping it in exchange?  Lots of weird variables 🙂  

If you really don't want to deal with buyer #1 again, block them now, then do as thou will 😄

[simba6]

Never refund unless the item is first returned.    If buyer 1 has been refunded, you are done with them.

[12345jamesstamps]

Mistakes do happen as a seller. Not all buyers are understanding. And some sellers think their feedback is important. We can't expect all buyers to do the right thing.

What I have done in the past is refund both sellers and I do mention if item is returned I would send it out to them for free. And I do send something similar to the buyer for free for "MY mistakes". I don't expect a buyer to become a shipper and ship something out...they are a buyer and not a seller.

Although I never received any feedbacks from my mistakes...at least I haven't yet received any negative feedbacks from my mistakes. The buyer has a rather good period of time to decide what kind of feedback to leave...and they usually leave it toward the end of the period when eBay sends a friendly reminder to post feedbacks. It hurts me when I lose that profit plus.

I usually figure out a mistake first while items are in mailing which I can tell them of the error before item arrives. Dealing with a mistake after buyer got the item I can't imagine what goes on in a buyer's mind.

[stewart1962*]

She did open a refund. She just wasn’t willing to send it back. 

[stewart1962*]

She messaged me it was the wrong item then she opened a return. I asked her if she was going to return it as the buyer who had her item was going to. She said it had been shipped out of the country and she couldn’t get it back. Bottom line; she chose to exercise her right to keep it and get a refund on what she bought. Lesson learned! 

[the_fancy_fox]

Actually it’s not their right to keep it. Legally it’s called unjust enrichment. And extreme example would be you go to a car dealership and pay for an econo car cash. They are to deliver it later that day but unload a brand new corvette. You sign the papers and they leave. Trust me, you won’t get to keep it. 

That law is totally misunderstood is that in the late 80’s companies were sending unordered office supplies and then billing for them. Since the items did not get returned they were sueing the companies in court and winning. In that case you now have the right to keep the item. 

BUT if you ordered something and received someone wrong, the court recognizes mistakes happen and the incorrect t item has to be returned or paid for. 

that said, your only recourse is to go to court and get a judgement. Something cost wise over an  ebay sale is not worth the court costs and time. 

[mam98031]

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@stewart1962* wrote:

She messaged me it was the wrong item then she opened a return. I asked her if she was going to return it as the buyer who had her item was going to. She said it had been shipped out of the country and she couldn’t get it back. Bottom line; she chose to exercise her right to keep it and get a refund on what she bought. Lesson learned! 

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When a buyer opens a Request For Return and you approve it, if the buyer does NOT return the item, the seller is not required to refund it.