mam98031 • Volunteer Community Member • Buyer/Seller since 1999
@creoleorchid wrote:I read the first few pages and just scrolled through the last few, so apologies if I missed something.
1. You said in one of your first posts that eBay denied her and also Paypal. Does that mean she filed with them both already? If so, that's the end of it. Move on.
2. Forget lemon laws, Texas, Michigan, she isn't going to sue you.
3. If she DIDN'T file with Paypal yet, you do know that if you cave and send her the $160 for half of the supposed "repair", she could still file with paypal and win if she returns the watch?
4. Last but certainly not least, STOP COMMUNICATING WITH HER. Do not engage, do not reply. You told her to return for a refund, end of story. When you find yourself in a hole, it's wise to stop digging.
The buyer isn't going to file a claim with Ebay as they are well past the window for doing so. And they aren't going to file in PP as the buyer has told the seller they do NOT want to return the item. PP will not force a seller to give a partial refund for any reason. The option of the buyer if they were to open the claim is to return at the buyer's expense for a refund from the seller.
Out of all the replies I think yours is the most helpful for this seller :). She or he can now check without having to wait on pins and needles!! 
@creoleorchid wrote:
Her first or second post said EBay and PayPal had sided with her. I was asking if that meant a claim was filed or was it just in a phone conversation the seller had.
What I was trying to get across in #3 without coming right out and saying it, is that if she paid for half of the repair and then later the buyer returned a rock, she could be hit with a double whammy if the buyer had not already filed and lost with PayPal.
Oh, then you saw something I missed. I'm not sure what post you are referring to as being post #3 of the OPs.
The OP's buyer would not have been able to open a claim in Ebay at all because they were well over 40 days at the time the OP started this thread. They could file one in PP if they wanted, however the buyer had been clear with the OP that they did NOT want to return the item. So opening a claim in PP would serve no purpose for them as they would not force the buyer to give a partial refund.
Whenever a seller issues a partial refund for ANY reason, it is ALWAYS in the seller's best interest to do so from the original payment transaction in PP. Then the refund is recorded on the transaction. If there ends up being another refund going to this buyer for the same transaction then that too will be recorded, but it will NEVER exceed the amount of the payment. So if you received $100 from a buyer, issued a $20 refund on that transaction and later the buyer files a claim, you have to refund again, you can't refund any more than $80 because that is all that is left on the transaction.
So it is never in your best interest to just send money to a buyer. You should ALWAYS refund from the buyer's payment transaction for the item.
@jojitsusensei wrote:Simple solution, do yourself a favor.
Close your eBay account, close your Paypal account and disconnect any checking account or credit card associated with PayPal. Problem solved.
You're being played because eBay allows it.
9 pages of this **bleep** going on and on.
Don't stroke out over it!
That is simply incorrect. As I've stated several times on this thread, Ebay will NOT force a seller to make a partial refund to a buyer, nor will PP if they file a claim there..
Ebay has nothing to do with the issues the seller is having with the buyer. There is NOTHING they buyer can do within the Ebay system anyway as too much time has passed. So your assessment that Ebay is allowing anything is completely wrong in this case.
I do understand you have had some bad experiences with returns. Ebay doesn't currently have a good system at all on this subject. But this seller is NOT experiencing the same things you did nor is their current situation anything like what you had.
I hope things improve for you soon or you at least come to terms with whatever you decide to do so you don't raise your own blood pressure too much.
@abbylilyd wrote:Great advice! I checked..nothing..checked in my county as well..nothing..called travis county clerk..nothing. I dont know WHY i didnt think of this prior..but thank you! It doesn't mean she WONT..but at least i know she HASNT!🎅⛄🎄
Happy Holidays Everyone!
Honestly you really should stop spending time on this. And absolutely stop worrying about it. It just isn't worth your time or your health.
If she files somewhere, she has to have you served. She has to be able to prove you were served. So if she files, you will know because you get served the paperwork.
Relax and just go and enjoy the balance of the Holiday Season. This worry should be OFF YOUR LIST.
@Anonymous wrote:
IANAL, but play one on the internet.
OK, I have read all the posts in this thread and urge those who continue to bandy about lemon law to watch one of my favorite youtube channels; Letho's Law.
He is a Michigan attorney who for 28 years specializes in Lemon Law and will definitely define it for you. The OP has no case against them with either the lemon law or the Magnuson-moss warranty act, though the latter is a good cite but still doesn't apply.
Now, more to the OP's situation, Attorney Steve Letho has mentioned that there may, under special circumstances, where a buyer from a different state can sue in their hometown jurisdiction rather than the sellers but the criteria will be difficult to prove. ie. the Michigan seller must have a presence or nexus in the buyers' state or that the seller does a fair amount of sales in the buyers state.
Lastly, Letho tells a recent story about how he himself was included in a frivolous lawsuit and how he reported the lawyer that filed the suit to the state bar for review, a very serious allegation to which extreme sanctions can be levied.
The Lemon Law has nothing to do with the issues of the OP. Another poster just threw that out there to stir things up and throw a little confusion into the mix.
