mam98031 • Volunteer Community Member • Buyer/Seller since 1999
@equid0x wrote:
@mam98031 wrote:
@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.
Better hope your state doesn't have a lemon law. Many of them do.
A seller CANNOT intentionally misrepresent a product for sale and use that as an excuse to avoid warranty or refund.
If you think I'm wrong, get the junker out of your back yard, put it on craigslist with an ad saying it works 100% and has no problems, and watch what happens.
It absolutely WILL get you sued and the judge absolutely WILL order you to take the car back and return the buyer's money. The only way that wouldn't apply would be if substantial time has passed since the date of the sale... like 30 days... before a complaint was lodged by the buyer to the seller.
OK, no one said anything about anyone "intentionally misrepresenting" anything.
Lemon laws have certain criteria that has to happen. I've been through this in our state before on a new car I bought and had issues with. Different states, different rules.
But none of this applies to the subject of this thread or the OPs issue.
@equid0x wrote:
@directbuys2017 wrote:BTW, unlike what one poster told you, if you buy a used car and the transmission fails two days later they are not entitled to return the vehicle or force the seller to pay for the repairs, it is the responsibility of the buyer to make sure the car is in working order prior to purchase. Unless the seller knew that the transmission was bad and told the buyer it was in perfect condition there is no recourse and good luck convincing a judge that the transmission was bad prior to purchase.
Depends on whether you are in a lemon law state or not and also how the seller represented the item for sale. If the seller makes no representation and the buyer buys "As-Is" there is no claim. If the seller says it works and the transmission is blown, the buyer absolutely has a claim.
Most used car sales are As IS. Most will not fall under the guidelines of a Lemon Law. Check the laws of that particular state for the specifics. But chances are this won't fall under a Lemon Law.
@vintagecraze50 wrote:The thing about the partial refund stuff, which I have the ability to use, but never have, is if the buyer could still start a chargeback for whatever you did not refund to them if you use this. I know that if I was a buyer and I was right about a defective item, and only got a portion of my refund, I would be pretty upset, and I would probably want to chargeback the rest of the money.
They really don't need to go to all that trouble. All they need to do is call Ebay and Ebay will likely take care of them.
@monster-deals wrote:
@mam98031 wrote:
aren't hiding them, they just aren't telling us they changed some things.
...uh, yeah, that's kinda what secret means.
...and it has EVERYTHING to do with who you get on the phone.
That's day 1 ebay stuff.
No. They aren't hidden, they are public. That is not "secret". We do have access to the policies anytime we want. We can read them at any point in time without interference from anyone except possibly our internet connection.
The problem is that when they update a policy, they don't always tell us. That is a lack of communication and a lack of respect on the impact their changes may have on members.
If the policies were to be "secret", then those policies would not be accessible on the internet at all.
@pink.fish.rule wrote:
Actually, I beg to differ. A couple of the blues have even said straight out on threads on these boards that there are "policies" which they do not and will not divulge in public.
After that was when posters started referencing the "super secret policies".
Well yes. There are things they don't divulge, you are correct on that. But not what the other poster was referring to at all.
You are speaking to how many unpaid strikes it take for Ebay to sanction a buyer, the specifics on how they rank us in the search returns, how many returns by a buyer does it take for Ebay to sanction them, etc.
As for procedural things, rules of selling, rules of buying, etc, is what we were talking about, those rules are published for all to see if they want to. It us unfortunate that Ebay does update some rules from time to time without notification to members and that I do find a real issue that Ebay needs to stop doing.
Not a big deal that you don't agree with me. I see the difference, but others may not.
