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Buyer threatening to sue.. input needed please

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?

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Re: Buyer threatening to sue.. input needed please

If she does submit the receipt for the repair to you I would contact the place where it was fixed to make sure it actually happened as people can create invoice on their own. 

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Re: Buyer threatening to sue.. input needed please


@ubcensored wrote:

So after 30 days, this seller is not on the hook for a refund. 

And the buyer has not filed a claim with ebay. 

 


In Ebay, 30 days after DELIVERY or the latest ETA date on the purchase, whichever comes first, is the time frame a buyer has to file a claim in Ebay.

 

In PP, they have a window of 180 days to file a claim if the buyer pd via PP.

 

None of which means that the seller shouldn't refund in certain cases.  I've done it for buyers outside of these time frames before because in the cases I've done that on it was the right thing to do.

 

Going on what the OP describes has happened here, I would absolutely NOT refund this buyer for anything unless the item was received back by me in the same condition it was when I sent it out, period.

 

This buyer is trying to be a bully with this seller.  They have given no proof there ever was a problem with the watch, they have given no proof that the watch was actually repaired, they have given no proof that the amount they say was paid for repairs was actually paid, they have give no proof as to what the problem with the watch is or was and to top everything else off, they refuse to return the item for a full refund.

 

Would I give this buyer a partial refund, absolutely not.  This buyer IMHO is not operating in good faith with the seller and is very likely not being truthful to begin with.


mam98031  •  Volunteer Community Member  •  Buyer/Seller since 1999

"I can explain it to you, but I can't understand it for you." Quote from Edward I Koch

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Re: Buyer threatening to sue.. input needed please


@ubcensored wrote:

What's the name of the shipping company?


IDK, but I don't think it matters since the buyer nor the seller have ever claimed that it was damaged in shipment.  And 45+ days later is way too late to start to claim something like that.


mam98031  •  Volunteer Community Member  •  Buyer/Seller since 1999

"I can explain it to you, but I can't understand it for you." Quote from Edward I Koch

Message 123 of 182
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Re: Buyer threatening to sue.. input needed please

Just have the buyer retrn it for a refund.  I would NEVER give a buyer any discount / funds back / anything oter than a "Please return it for a full refund". 

I am who I am- those who matter don't mind. Those who mind, don't matter.
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Re: Buyer threatening to sue.. input needed please


@nickelsanddimes2015 wrote:

If she does submit the receipt for the repair to you I would contact the place where it was fixed to make sure it actually happened as people can create invoice on their own. 


@nickelsanddimes2015 

 

Just a curiosity question.  Why do you think this would matter?  Honestly I don't understand why some think the seller should give this buyer a partial refund.  So I'm just curious as to why some 45+ days later and with no agreement to pay for it, why the seller should even be concerned about this?  I'm not trying to argue with you, I'm trying to understand a position that I don't currently understand.


mam98031  •  Volunteer Community Member  •  Buyer/Seller since 1999

"I can explain it to you, but I can't understand it for you." Quote from Edward I Koch

Message 125 of 182
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Re: Buyer threatening to sue.. input needed please

I suspect your buyer has moved on, they didn't get the deal they hoped for.

Put it in a box in your brain and close the lid, what you resist persists! 🙂
Message 126 of 182
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Re: Buyer threatening to sue.. input needed please


@coast_of_maine_antiques wrote:

Just have the buyer retrn it for a refund.  I would NEVER give a buyer any discount / funds back / anything oter than a "Please return it for a full refund". 


The buyer has refused to return the item per the seller.


mam98031  •  Volunteer Community Member  •  Buyer/Seller since 1999

"I can explain it to you, but I can't understand it for you." Quote from Edward I Koch

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Re: Buyer threatening to sue.. input needed please

I personally think it's all hogwash on the buyers end. I just can't grasp that she bought a watch a very expensive watch at that and just went ahead to get it fixed without the consent of the seller. Most people would have opened a case with ebay and returned it. It sounds strange to me that she would get the work done and it cost over $200 so that being said that's why I said if she produces the actual bill for the work done I would have it verified that's all. I'm not saying for the seller to pay for it.

Message 128 of 182
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Re: Buyer threatening to sue.. input needed please


@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??” 🤢


...and there you have it.

 

Was not too difficult.

Message 129 of 182
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Re: Buyer threatening to sue.. input needed please

If, in fact, repairs were actually made to the watch, then the watch has been altered without the consent of the seller. Case closed.

Message 130 of 182
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Re: Buyer threatening to sue.. input needed please


@wrong66 wrote:

If, in fact, repairs were actually made to the watch, then the watch has been altered without the consent of the seller. Case closed.


Unfortunately that would not actually be true since Ebay started the Simplified Returns in October of last year.  If this buyer was within the return window in Ebay [which they are well past it] and they filed for a request for return [which the buyer has refused to return the item] and filed an INAD, Ebay would allow the return.  It is highly unlikely that the seller could deny the return in the current system.  This has been shown time and time again on all kinds of threads and from my own personal experience and that of others.

 

Prior to October of last year, you would be absolutely right.

 

I mean just go and read through the new and improved item condition policy, it will make the hair on the back of your neck stand up.

 

https://www.ebay.com/help/policies/member-behavior-policies/condition-returned-items-policy?id=4763

 

It just tells buyers that if they return something that has been altered, used, missing parts etc., that they only get a partial refund.  It doesn't say they can't return the item, just that they may only get a partial refund.  Yet not all sellers have the ability to even give a partial refund.  That is only sellers that offer free returns or are TRS with a 30 day return policy of any kind.

 

And take a look at the MBG, it too has been updated and no longer has the language about item condition like it did before.  Again it refers to partial refunds, which not every seller has access to.

 

https://www.ebay.com/help/policies/ebay-money-back-guarantee-policy/ebay-money-back-guarantee-policy...

 

@wrong66 


mam98031  •  Volunteer Community Member  •  Buyer/Seller since 1999

"I can explain it to you, but I can't understand it for you." Quote from Edward I Koch

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Re: Buyer threatening to sue.. input needed please


@abbylilyd wrote:

I did tell Her that It didn’t seem like we are going to reach an amicable solution that would make either of us happy ,So she should just return the watch and that’s when she responded with this: “This is a unique and rare item and as such I have the option to mitigate my damages and keep the item. You’re transacting business in Austin Tx by selling goods to Austin residents so I would be filing in Travis County and serving you with papers in Livonia. You will need to appear in court in Travis County.”. My question is how does she figure I’m transacting business in Austin? so that makes it feasible for her to sue me from Austin, because I am in Michigan selling to someone in Austin?   I’m telling you Folks..she is an attorney she’s an entertainment attorney licensed in both Austin and Los Angeles and I am just flabbergasted that an attorney who can actually pass the California bar which is the hardest one to pass (so I’ve been told) ... would make such an error in judgment by threatening..Intimidating and all in all just being completely incorrect in her reasoning and logic and thinking?? Yeah.. With all the research I’ve done and the input I received here I feel like I could Pass the California bar if someone like that can pass it then most definitely it’s not THAT HARD

 


Well there has been arguments that emails interacting over the internet with multiple states involved can bring in a long arm statue.  Meaning the argument is since you did business in that state through email and through online you can Be forced to go there.  But I don’t know how successful anyone has been winning this argument.  I just know that is part of what I learned in my studies no I’m not a lawyer just an ALP.   

 

 

“Birth certificates show that you were born. Death certificates show that you died. Photographs show that you have lived.” -Unknown
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Re: Buyer threatening to sue.. input needed please


@wrong66 wrote:

If, in fact, repairs were actually made to the watch, then the watch has been altered without the consent of the seller. Case closed.


On ebay maybe, depends on if you get an overseas CSR or not and what the policy is today.

 

Of course there could be new secret policy

 

Paypal is just going to have the buyer return it at their expense.

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Re: Buyer threatening to sue.. input needed please


@monster-deals wrote:

@wrong66 wrote:

If, in fact, repairs were actually made to the watch, then the watch has been altered without the consent of the seller. Case closed.


On ebay maybe, depends on if you get an overseas CSR or not and what the policy is today.

 

Of course there could be new secret policy

 

Paypal is just going to have the buyer return it at their expense.


It has nothing to do with if you get a US based CSR or an overseas CSR.  And there isn't a "new secret policy".  Stop trying to get people riled up over something that doesn't exist.  While there are policies that get changed without notification to members that doesn't make them secret, they are still published for anyone to see if they are looking at them.  They aren't hiding them, they just aren't telling us they changed some things.  Very annoying to be sure and they should not be doing that, but again, it isn't a "secret".

 

As for PP, the buyer isn't going to file a claim there.  The buyer has already stated to the seller that they do not want to return the item.  So there is no reason for them to file a claim asking to return the item that they have no intention of returning..  But you are correct, if a buyer files a return through PP, the buyer will pay return shipping.

 

@monster-deals 


mam98031  •  Volunteer Community Member  •  Buyer/Seller since 1999

"I can explain it to you, but I can't understand it for you." Quote from Edward I Koch

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Re: Buyer threatening to sue.. input needed please


@vintagecraze50 wrote:

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. 


As someone who has done just that, it can be done either way. Insurance cannot deny your claim if you refuse to use their facilities to run a repair estimate or have it fixed yourself. 

 

Regardless, insurance isn't involved here, so what you're saying really has no bearing on the OP's situation. 

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