Should I sue EBay?

[redmansellz77]

I want to sue Ebay over a current case. A customer bought 70 items of Customer Return Electronics. Now when you hear customer returns, the first thing to come to mind is that the returns are defective or have issues in some way. But, the buyer bought my lot said it was all broken, when I know it wasn’t I have pictures to prove it. So now I’m going to lose $50 in shipping and have to give back the $815.  The disputes team “looked at my case” but only said information pertaining to the buyer. Never once did they ask me anything and honestly I don’t think they know what happened on my end because I had strong evidence to support my case. But, customer support said since the case is “closed” they can’t re-review my case and I have to buy the buyer’s label for a return. Should I sue them? Because they are not being fair towards me the seller at all. 

[maxine*j]

First, read the "Legal Disputes" section of the User Agreement you signed, and also show it to your legal counsel:

https://www.ebay.com/help/policies/member-behaviour-policies/user-agreement?id=4259

Second, if you could sue eBay, do you think that after costs you would be ahead, financially and otherwise (in terms of time, et cetera)?

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[m60driver]

You would have to file a small claims court case in San Jose.  Is that expense worth the risk given that the US legal system is heavily tilted towards wealth and corporations.

[southern*sweet*tea]

Sue Ebay for what?

As to the return, you don't have a leg to stand on.  You listed those returned items as open box.  That means they are all NEW in an open box.  Essentially you sold $1000 worth of stuff as new that may or may not work. You didn't test anything.   They could have all been garbage for all you know.

Item specifics

Condition:

Open box: An item in excellent, new condition with no wear. The item may be missing the original packaging or protective wrapping, or may be in the original packaging but not sealed. The item includes original accessories

[silverstatetreasureboxes]

@redmansellz77 

Well your question was " Can I sue ebay" ?  Your answer is in the user agreement,  but my question is where would you get a lawyer to take this case on and what are the grounds for the lawsuit?

[maxine*j]

Ah, there you go.  I didn't even look at the listing.  Yep.  "Open Box" means new and working, which may be why someone was willing to pay $1,000.

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[donsdetour]

Sue??

well consult legal advice before trying that.

Since this is a item not as described case:

Options are return for refund

or let em keep items and refund....

It is a you say they say situation. Item could have been damaged in shipping and so on: That of course out does your photos that may or may not be what you sent.

Then there is that money back guarantee you agree to by selling on ebay. That is the why the buyer wins in these situations...

Of course you may or may not get your item back...

Put em on your blocked bidder list..

[calntom]

If you pay the return shipping, you might get your pile of junk back. Not for sure if that is a good thing or not. Buyer was not impressed it seems.

[aeparts1]

Yes, yes you should.

Please keep us apprised as your lawsuit progresses.

I wish you much success.

[divwido]

I so wish you had come here before listing that.   You walked into a disaster and now you are going to be $ 50 for your trouble.

Couple things-DO NOT REFUND until you get your items back.  Make sure you get your items, not a box of rocks or nails or junk.

eBay has a known policy of not being on  the sellers side-something that also would have helped you not do this sale-had you known.

Customer support is badly named as they are not your support, nor do they necessarily know what they are talking about.  Again, asking here first would have saved you time, money and grief.

[pburn]

Some observations:

• Listing says the item cost was $1,000. Is that what the buyer paid (plus sales tax, of course, if applicable)? If so, you'll be refunding the full $1,000, not $815.
• The photos you have that "prove" the items were not broken are useless, since they may or may not show what you actually packed up, and certainly don't show what the items looked like when the buyer unpacked them.
• Speaking of photos, the photos in your listing were not helpful. It's no wonder someone filed a SNAD, frankly. 

This seems to be another case of a fairly new/inexperienced member selling higher-cost listings without being familiar with eBay's Money Back Guarantee.

Good luck with the resolution of this transaction.

[fuzzface50]

I will buy overstock pallets and clearance pallets but I learned to stay away from customer returned pallets many years ago.  

sue ebay?  Why, do you want to sue a company that helps you make money over such a  piddly amount? Just take it as a learning lesson otherwise you might be throwing away your ability to ever sell here again.  I wouldn't ever deal with anybody that tried to sue me ever again.

[simba6]

It would be the buyer you would have to take to court.  However, there is no way to prove what you sent them so you would likely lose.

[luckythewinner]

Now when you hear customer returns, the first thing to come to mind is that the returns are defective or have issues in some way.

That's the first thing that comes to mind for me, too.

And yet when it came to choosing a condition for a listing if items you say are not tested and may have issues, you chose:

OpenBox
An item in excellent, new condition with no wear. The item may be missing the original packaging or protective wrapping, or may be in the original packaging but not sealed. The item includes original accessories. The item may be a factory second. See the seller's listing for full details and description.

If you did not test them, then how do you know they were not broken?

[lacemaker3]

The purchase history for this listing shows that it was sold to an offer.

https://www.ebay.com/bin/purchaseHistory?item=134115282229

Terapeak says that the selling price was $815, as OP said.