How to sue for falsified return claims and lies
In short
I sold a pair of nearly $900 eyeglasses. In the description, it stated that the lenses had a prescription, as functioning eyeglasses do.
The buyer receives them, and a couple of weeks later claims that there are "missing items" and that I sent him "fake" lenses which he "couldn't see out of". I told him he could go to an optometrist and get the lenses changed for very cheap, and I even offered to cover some of the costs of getting the replacement lenses, EVEN THOUGHT IT WAS IN THE DESCRIPTION OF THE POST. He also claimed he bought "reading glasses" which they were never advertised as.
Just recently I've been able to escalate this case to eBay, and even before this I contacted a customer service agent on live chat who assured me that the case would be closed in my favor and ruled as "buyers remorse". I check my email shortly after escalating the case, and I see there's been an update, and for some idiotic reason eBay is ACCEPTING his return request, and that they've already sent the buyer a label?
I've already told the buyer multiple times that I will take legal action if he pursues a return with these blatant lies, and it seems that eBay is of absolutely no use.
Do cases often automatically update like this, then get updated again later? Or do I have to call up my lawyers and deal with this myself? What a stupid hassle.
lakefor94
·3 years ago@ev1063
You have received very solid input throughout this thread concerning the return case filed by the buyer. If you want the glasses returned to you before refunding, approve the return and make sure the buyer has access to a prepaid return label.
If you don't follow through, eBay will refund the buyer and allow them to keep the glasses.
Also, eBay will NOT refund the final value fees they charged you for the sale if you do not actually refund the money yourself from within the return case after receiving the glasses back.
monster-deals
·3 years agodid they laugh?
albertabrightalberta
·3 years ago@ev1063
IMO, glasses that come with RX lenses should NEVER be sold as new! How do you figure that they're new if they were "only worn for fit and never outside or for many hours."
Whether the buyer claimed missing pieces or just "not as described or pictured," your glasses were NOT properly listed and the claim is NOT a lie.
heckofagame
·3 years agoIf you spoke to the phone customer service, you were probably misled. Buyers are not held accountable for reading or understanding the listings. They can just buy blindly. The seller is on the hook for INAD claims.
Ebay will take the return money from you. If you do not have the funds in your account, they will go to your backup funding.
redmodelt
·3 years agoYou might consider taking the lenses out before you try to sell for the 3rd time. They are listed as sunglasses in the item specifics. If lenses have been installed and worn for ANY amount of time, they are not new.
kensgiftshop
·3 years agoWhen a buyer files an INAD, they always side with the buyer.
When you signed up to sell, you agreed to let Ebay handle any cases and agree to the outcome.
One problem with your listing, you listed them as new, then in your description you wrote this:
"Brand new condition, only worn for fit and never outside or for many hours."
Were they new or worn for a short time?
You can talk to a lawyer, but it won't do any good.
When you sell online, you have to deal with returns.
Right now, be lucky Ebay is having them return the glasses.
Most of the time when a sellers gets them involved in a return, they'll refund the buyer from your account and let them keep the item.
ev1063
OP3 years agoMakes sense however an eBay agent told me that the case would be closed in my favor as “buyers remorse†as the description was crystal clear. Is that simply not the case? Also, if eBay does handle the return, will anything be taken out of my account? Can I just keep a deficit and cancel it out when I sell them again?
albertabrightalberta
·3 years agoNo that's not the case. The agent told you what you wanted to hear to get rid of you.
When a buyer files a NAD (which "missing items" falls under), you must accept the return and pay for return shipping if you want the item back.
You can sue the buyer in a small claims action but it's going to be a likely waste of time.
kensgiftshop
·3 years agoCS told you that because that's what you wanted to here and it got you off the phone quicker.
As soon as you contact them, they already know how it's going to go, so I don't know why they can't be straight with a seller and tell them they are screwed and you're going to refund, whether you like it or not.
You will be paying the refund.
If you don't have the avaliable funds, they'll pull the money from your funding source or your checking account.
No, selling them again will not cancel the defect on your account.
A few years ago if they thought it was a remorse return, CS could change the reason for the return, but they quit doing that.
ev1063
OP3 years agoAlso please do not reply with any comment on the effect this will have on my seller reputation or otherwise. I really do not care. I only opened this account to sell this one item and will absolutely never show eBay any of my business in the future.
monica-sells
·3 years agoI can save you a few dollars. If this event happened within the prescribed time frame, a contract lawyer will probably advise you that when you listed the item, you agreed to the Terms and Conditions set forth in the User Agreement, which includes complying with the eBay 30 Day MBG.
Do you have a criminal case against the buyer.... Probably Not
Do you have a civil case against the buyer....maybe
Do you have a breach of contract case against ebay....I don't think so....
Can you sue anyone at anytime for anything....yep
Just some random morning thoughts...