Scammed on an eBay Sale? Any recourse?

[bro_3732]

I sold an item this past October for over $1,000. The buyer signed for it at delivery and 13 days later submitted a return request (after market values for the item dropped significantly) with the following comment: "The item came with cracked case along with stress fractures along the side of it. I would like to return the product imm." 

This hasn't happened to me before, so I asked eBay what my obligations were. They told me I am free to decline the request but warned me that buyers often submit claims through paypal after getting declined. So I declined the return request.

About a month later I get an email from paypal saying the buyer opened a case and I have 10 days to submit my "response." Apparently, the buyer submitted a refund claim directly through their bank, not through paypal. They claimed the item was significantly different than described. I submitted my response and about a week later they closed the case saying the buyer's institution awarded them the refund. 

I then messaged the buyer asking them to return my item. No response. After a month, and a few more messages, I sent them a message letting them know they have 72 hours to respond or I'll file a police report for fraud/theft. They respond with "I'm filling a police report on you for fraud! You never sent my d*** card."

The buyer is now alleging that I never sent them the item, only a box that was damaged. If this were true, why would they wait 13 days before submitting a return request? 

Paypal can't help me because they submitted the refund through their bank. Ebay says to take it up with paypal. My local police department says they can't do anything about it because it's Civil. I submitted a complaint through ic3.

Most tell me that going through small claims court isn't worth my time, he lives in another state.  

Any advice?

[futuremarine2011]

i know what i would do but im not at liberty to  say it. $1,000 is a lot of money to me. everyone has to decide on their on whats important to them in a situation like this.

[alcoforever]

I have no good advice for you in this case.

But, going forward, never ever decline a return request from a buyer.   Send them a prepaid return label and refund only after you get the item back.   As you have seen, declining return requests costs you both the item and the money.

[rebell45]

I don't understand, what kind of case did he file initially? Unless it fell under buyer's remorse, you shouldn't have had the option of refusing it.

That said, file a Mail Fraud case on the USPS web site. File a police report for theft with his city's PD. Keep all the evidence that you have, messages, copies of reports etc.  Not saying it will do you any good, but might make you feel better.

[caldreamer]

Just so you know there really is no such thing as "NO RETURNS".    EBAY guarantee allows customers to get FULL REFUND (plus postage BOTH way) just by claims "broken, defective, not as described, counterfeit).    No proof required. 

Customer will find way to get their money back.   If customer does "charge back" with credit card...you are screwed.

Always better to accept returns (that way at least you get your item back).

[lamber9347]

@bro_3732 You are a new seller of only a few months and seem confused about how things work when selling items online to perfect strangers from across the country. Since you refused the return how do you figure you can demand the buyer to return your item? Did you send the buyer a return label first? If not, were you seriously thinking this buyer would simply pay to return the item they paid for and you refused them a return on? 

As you have discovered, from the responses you've already received from various sources, there aren't many other choices left except for small claims court. This is a situation that only you can decide in the end. Is it worth it to you for $1K to pay to file your claim; file it in the state in which the buyer lives; pay to fly down to that state (or drive yourself); pay for a hotel (or stay at a friends); rent a car if you did fly; present enough evidence to win your case; in the event you were to win than wait for the buyer to return your item or pay the fees (it's not as easy as TV makes that look); only you can decide all that. Best of luck to you....

[farmalljr]

Let me give you a quick education of how the whole return/refund thing works. Anytime someone request a return (OTHER than remorse cases) you MUST accept a return IF you want the item back.

You may or may not get the item back. You may sometimes, get something OTHER than what you sent. In every case of return, you WILL have to refund them. Doesn't matter what they sent, you will be forced to refund the buyer. 

If a buyer opens a case with their CC company/PayPal, you will lose a case if you fight it, 99.9% of the time AND be charged a $20 fee for the trouble. You also will not be getting the item/any item back. 

Don't get suckered into believing there is any type of "seller protection", because there just isn't. For every ONE person who claims they were "protected" there are hundred who had no such luxury. Baring that in mind, going forward, you would do well not to list/sell items you can't afford to have stolen. Certain categories are magnets for scammers and thieves. You just bought yourself a very expensive education. From now on, if you can't afford to lose the item, sell it locally for CASH. 

While it may be frustrating, this IS the way it works. The sooner you realize that, the sooner you can save yourself headaches. 

[floridainjection]

Scammers love ebay and paypal and know how to use the system to their favor. Never ever sell anything on ebay that is valuable. It got so bad for me that I stopped selling on ebay. And no, it is not your fault. The scammer knew something you didn't and used you.