12-11-2019 06:42 PM
Sold a watch 40 days ago. 7 days after delivery The buyer said that the watch wasn’t working I expressed my concern and I was surprised because it was working fine when I packed it everything was very cordial I agreed to pay a portion of the cost of repairing.. but didn’t specify or agree to how much. buyer said they were going to get an estimate I asked for a copy of the estimate received it two weeks later it was $280 and the work had already been done. One reason I asked for the estimate was because I have a family jeweler and I wanted Her to take a look at what they were going to do and what it was going to cost my family jeweler was not going to charge me at all I explained this to the buyer and explained that I was shocked that it would be repaired without my consent with such a hefty price tag ..and said I wasn’t comfortable paying 180( that’s how much was demanded) when I never agreed to that amount nor was given an alternate option..now the buyer who is an attorney is threatening to sue me for the cost of the watch the cost of the repair and all of the legal fees this buyer lives in another state and is claiming I will have to come to their state for court. eBay says they have no case. PayPal says the same. Thoughts?
12-13-2019 09:45 PM
That’s become The confusing part and that’s on me in the first post outlining what happened I mistakingly said that I had agreed to pay a portion when in fact I hadn’t I knew I would if we could reach an agreement that was good for both parties so that’s kind of why I typed that in my mind I was getting ready to send her something but not until all eyes were dotted and T’s are crossed but I never agreed to her that I would.. posted convo.. printed them out. Nowhere did I say “ I will pay you” was it implied? Yes. But not absolute
12-13-2019 09:49 PM
Still, they should not have gone through with the repair work until you both agreed upon the cost of such repair, and the amount you would have paid for such repair. You do not go about fixing something unless you know how much someone will agree to pay. That’s just pure, non lawyer COMMON SENSE, and I believe a judge, if you go to court would point that out for sure.
12-13-2019 10:14 PM
I hope you do not worry yourself about this. In the worst case scenerio if this did go to court there would be a lot of consideration I believe on the fact that you did not authorize the repair work to be done, just the estimate. There is so much that can become confusing online when you are corresponding through these messages, rather than in person as well. I wish you the best and keep calm and enjoy the Holiday season. Keep us posted on what happens.
12-14-2019 06:08 AM
I just read all of this and if this is what happened it seems that the customer went through with the repair work BEFORE you told them how much you would reimburse.
In my opinion, that was not a smart thing for the buyer to do. Sounds like you were very amicable helpful and willing to fix them situation. The next step should have been an agreement on what you would be willing to reimburse for the repairs. The lawyer went ahead without consulting you first. Again, not a vert smart lawyer.
12-14-2019 06:37 AM
Nope, if say you get into an auto accident, the insurance adjuster sends you to a repair facility first for an estimate, then the paperwork is sent to you and the insurance company. Then the insurance company AUTHORIZES the cost for the repair work—YOU do not bring your auto to a body shop anywhere have them repair it first, and THEN, Submit the amount.
12-14-2019 06:39 AM
Also, if you buy a vehicle from a dealer, and the transmission goes, your warranty will cover that expense from them. Still, you bring that vehicle back for inspection and THEN they authorize the repair.
12-14-2019 06:56 AM
I could have had it repaired myself for much less.
do you try offering her that amount?
12-14-2019 07:02 AM
I think the seller was more than willing to offer reimbursement, but when the messages went south with the “lawyer” acting unprofessional and threatening to sue, then the seller was terrified of any more contact. That was the “lawyer”s” fault.
12-14-2019 07:05 AM
I think a misuse of their position as a “lawyer”.
12-14-2019 07:19 AM - edited 12-14-2019 07:21 AM
::general reply::
Just skimming at this point, but am I reading correctly that the buyer is planning to sue the seller in Austin TEXAS, but the seller lives in MICHIGAN?
The buyer is less than a lawyer if that is the case.
Anyway, with no repair receipt there is no repair. Tell the buyer return for refund. Tell her one time, then cease communication. If she wants to return it, let her file the return, then you accept it. I bet she won't return it. (unless I missed that somewhere)
12-14-2019 10:43 AM - edited 12-14-2019 10:45 AM
@abbylilyd wrote:After speaking with PayPal.. many times over this.. the answer from them is clear: the absolute ONLY way the buyer will see any money back is if they return the watch. I have already sent over all correspondence to them to get ahead of it. 4 different representatives said the same thing.. return the watch, and then I will refund her the price of the watch, I will not be responsible for repairs arbitrarily done. I was also advised not to send any money unless I am provided a itemized receipt, showing payment made, ask for it to be notarized and mailed to me. And a refund or partial refund for repairs would be my decision, I would not be obligated. There has still been no word since the 9th. But every time my eBay activity prompt goes off, my heart sinks a bit lol. “Is it a message from her??” 🤢
Ebay nor PP can force any seller to pay repair fees on an item, any item. If the buyer were able [which in this case they are not] to file a claim in Ebay, they have no such option to make you pay for repairs and they keep the item. They either return the item for full refund or the case will close in your favor. And it is similar for PP.
You really are on good solid ground here. She is just trying to bully you. She obviously wants to keep the watch and it is highly likely that the watch doesn't need any repairs unless it is damage she has caused after receiving the item.
If this were a transaction I was handling, I would report the buyer to Ebay formally through the report button and a phone call for all she is putting you through. And then I would be online reporting them to the bar association in both states that she holds a license for.
Honestly I don't think she is going to stop with the abusive emails anytime soon. If she is even a halfway decent lawyer, she very well knows she can't win this case in a court of law. You have repeatedly offered to take the return for full refund to her and she has declined. You did this even though she is well outside of your return policy.
I would do what I could to end this drama. To stop her from being able to contact you. You can ask Ebay to also step in and stop the harassing emails because that is exactly what they are.
But you at this point do not need to take a return. It is unlikely you will get back the watch you sold them or most certainly not the watch in the same condition you sold it to them.
FYI it is possible that she has gone silent because she actually knows she hasn't a leg to stand on.
12-14-2019 10:48 AM
@equid0x wrote:
@mam98031 wrote:
@monster-deals wrote:
@mam98031 wrote:
@wesk_36 wrote:Despite the fact that you agreed to pay a portion of repairs, the amount was never negotiated or given. You asked for an estimate, they said they repaired it.
I would tell her to return for a refund and leave it at that and then don't respond anymore.
The buyer said that they altered the item on their own, (if they actually did) which negates any protections.
They sound like a bully and attempting extortion, in my opinion.
It sounds like they are abusing their position to intimidate you.
I think your mistake was being nice to them by offering some resolution other than telling them to return for a refund. Generally, bullies think nice people are entertainment and easy targets.
Truth is, they could actually try to sue, you can also refuse certified letters.
Why? They are well outside of the seller's return policy. It was the buyer that was slow to respond to the seller. Why should the seller have to extend their return policy time frame?
Why? Because they fixed it.
You know full well paypal's return window is much longer than ebay's
They have altered the item. The seller has no way of know what the buyer did to the item. The seller did NOT give them permission to spend whatever they wanted to have some work done to the watch. Now I haven't read every post on this thread, so I'm unsure if the buyer actually provided a receipt that is detailed to what was done to what item. And the buyer was suppose to get back to the seller BEFORE actually having the item repaired.
Just because someone files a claim in PP doesn't mean they will automatically win. The seller has some pretty good proof here that they can supply PP if it come to this. I have no idea how they may rule.
The seller does not have to authorize repairs or any specific dollar value.
If I sell you a car... and tell you it works. Then, you find out after purchase that the transmission has problems, and I refuse to refund your money or take it back. You can absolutely have the vehicle repaired and you can absolutely take me to court to recover your costs in doing so. A judge will agree, BTW.
OMG NO!!! Not happening. Completely untrue.
12-14-2019 10:58 AM
@abbylilyd wrote:Here’s the convo leading up to the estimate B is buyer. S is me
B:Hi I love the watch but I can’t get it to work? I wound it clockwise with the crown in the 0 position - is there a trick to it? Thanks!
S:Oh no! Is there movement on the battery when wound? Underneath..
B:No unfortunately
S:I haven’t heard from you ... (hoping that’s a good sign 😀) have you replaced the battery!
B:Hi I took it to my jeweler it’s running but the arms are broken so they don’t move. I’m waiting on their estimate to fix it.
S:I don’t get it... it was working fine... then I stored it prior to listing. The only thing I can think of is one of my kids was playing in my office. So disappointing! Please let me know as soon as you find out what it will cost. I am SO sorry
B:It’s going to be 260 to fix 😞 I want to keep it but it’s going to be an insanely expensive watch by the end of this. Is there any way you can refund any of what I paid??
S:260? Wow....wow...i am shocked. I want to work with you...what are you thinking?
Could you refund 160?Then I’d only be paying $600 for it instead of $760.
S:Hey there I just saw this message I'm sorry I missed it yesterday! Is there any way you can provide me with a copy of the estimate and or outline of work that needs to be done? This in no way means that i do not believe what your telling me is true..not at all. I also have a watch guy here and he is curious about the work..not the price, he doesn't think the figure is out of bounds, if its a mechanical..i thought it was battery ( shows how much i know) but also just for piece of mind, i would like to see estimate if it isn't to much trouble for you?
B:No problem I gave it to my jeweler (Kruger’s diamond jewelers in Austin) and their watch guy is repairing it. I just emailed them to have them send me a copy of the estimate.
I received handwritten estimate many days later . To which I responded... I was uncomfortable with the amount she requested because I could have had it repaired myself for much less. Then it got.. testy
Now here is a good learning experience. Just from what you wrote above. You should have never sent that second email. That is what we call poking the bear. You should have just waited. Often times after a buyer complains they just go silent.
And never give a buyer something to latch onto like your kids may have damaged it. Don't give buyers something they can use against you. While it doesn't appear from what you have shared so far that this buyer hasn't used that against you, but they sure could have.
In the future I'd steer clear of doing this. It gives you less exposure as a seller.
12-14-2019 01:22 PM
@abbylilyd wrote:She said she would file in Travis county, which is in Austin. I live in Oakland County, which is in Michigan. And I’m sorry but I am you mentioned that it’s threatening unless I do something that she wants me to do well she wanted me to refund her for repairs I never authorized and when I said I’m not comfortable paying that amount that’s when she threatened to sue me
If she filed in your state, no problem legally, but she wouldn't due to the expense and time involved for her, so she filed in her state of residence, Texas.
The buyer cannot just sue someone in her resident state of Texas that doesn't live in her state, and doesn't do business in her state, without the court having personal jurisdiction.
She can file papers for a lawsuit with the clerk, as a county clerk isn't in a position to judge any legality of the filing, and the clerk would accept the filing, but that is not the court saying it's valid.
Having said that, a defendant normally has a certain amount of days after being served with a summons to file an answer or to object to jurisdiction. If you were actually served, then waiving objection is consenting to jurisdiction.
The courts would likely not have any reason to invoke "personal jurisdiction" over you because the "minimum contacts" criteria just doesn't fit. There are also state laws that prevent and limit a court's jurisdiction to prevent abuses like this.
"minimum contacts"--
You don't have a business in Texas, you don't have a business in Michigan that solicits business in Texas (like sending catalogs or calling potential customers, or advertising your business or products in Texas, or travelling to Texas to conduct/maintain your business...) and in fact, you don't have a business period (ie: a jewlery and watch business listing on ebay under a business account and or a brick and mortar store).
You also do not have "substantial connections" or "significant business activities" in Texas nor are your contacts to Texas “systematic and continuous”.
You sold a watch thru a listing on ebay on a personal account.
Intuitively, I think this is a partial refund ruse, given all that you have said, and the underhanded behavior of the buyer. You have already offered to have her return and refund, which she refused saying that she is keeping the watch, you tried to work with her and she became difficult, then says that she will to sue you. Pfffff!
What a winner you found!
Just my opinions.
12-14-2019 01:39 PM
"...so she filed in her state of residence, Texas."
I mean she claimed that she was doing so.