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Condition: "Used", but "untested". Which side takes the risk it's broken?

I think the Condition categories are one of the better things eBay has implemented, and based on several disputes decided by eBay, I think I know the answer to this question, but wanted to get some feedback from other sellers.

 

When a seller lists an item as Used but doesn't indicate any particular functional defects, and also states "untested", often along with "sold as is" or "no returns", which side bears the risk that the item is non-working?

 

My assumption has always been that it is the seller that bears that risk, since the Used category explicitly "is fully operational and functions as intended".  The perverse incentive to either not inspect, or to lie about the knowledge of defects is obvious, and IMO was nicely solved by eBay implementing and defining a bright-line difference between the two categories of Used, and For Parts or Not Working.

 

I've never filed a dispute on this basis that has been denied (and accept responsibility as seller when something Used turns out to be broken).  Is this the experience of others here as well?

Message 1 of 26
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Condition: "Used", but "untested". Which side takes the risk it's broken?

Even with the changes, the sellers still are responsible for everything in their listings.  


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 2 of 26
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Condition: "Used", but "untested". Which side takes the risk it's broken?

The seller will say calling it "untested" covered their butt...

Message 3 of 26
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Condition: "Used", but "untested". Which side takes the risk it's broken?


@spoolin01 wrote:

The seller will say calling it "untested" covered their butt...


Nope, it won't.


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 4 of 26
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Condition: "Used", but "untested". Which side takes the risk it's broken?

The seller of course! You must know this.

Message 5 of 26
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Condition: "Used", but "untested". Which side takes the risk it's broken?


@spoolin01 wrote:

 

 

When a seller lists an item as Used but doesn't indicate any particular functional defects, and also states "untested", often along with "sold as is" or "no returns", which side bears the risk that the item is non-working?

 

 


The seller.

 

If an item is listed as used, no matter what is said in the description, that item has to work as intended. For an item like the one you refer to, it should be listed as parts only, even if it "works".

The easier you are to offend the easier you are to control.


We seem to be getting closer and closer to a situation where nobody is responsible for what they did but we are all responsible for what somebody else did. - Thomas Sowell
Message 6 of 26
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Condition: "Used", but "untested". Which side takes the risk it's broken?

Seller takes all the risks on every transaction.

 

Ebay and the buyer are never out a penny.

Message 7 of 26
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Condition: "Used", but "untested". Which side takes the risk it's broken?

Used states fully functioning.  If it is untested, you can't claim used as you don't know if it is fully functioning.

 

If what you are listing supports it (it is not available for all), it would be for parts, not working.

Message 8 of 26
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Condition: "Used", but "untested". Which side takes the risk it's broken?

It is the sellers responsibility. If I have not tested something, I will list it for parts, non-working condition sold as is. If it works, the buyers extra happy. If it doesn't, it was already noted as non working.

You still want to list every visible defect in the description, use the and point to pictures. These items you want every angle so at least 7 or 8 and ideally the full 12. For cellphone users you want to make sure you use the description condition box and note in their non-working, parts or repair kind of thing as may buyers use cell phones now and far to many fail to actually look at the item description.

I am still responsible for the details and if a buyer wants to send it back, as you know, they can send it back whether I want it back or not...lol
Message 9 of 26
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Condition: "Used", but "untested". Which side takes the risk it's broken?


@castlemagicmemories wrote:

Used states fully functioning.  If it is untested, you can't claim used as you don't know if it is fully functioning.

 

If what you are listing supports it (it is not available for all), it would be for parts, not working.


You can claim it's "used and untested" as long as you are willing to accept a buyers claim that it doesn't actually work and accept that claim with grace and haste without complaint or push back.

 

For example, booksellers list as "used" but few if any booksellers check to make sure that every single page is there and intact.  Many things are visually graded before being listed, visual grading is not 100% there can be damage or defects which cannot be seen.

Paranoia strikes deep
Into your life it will creep
Message 10 of 26
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Condition: "Used", but "untested". Which side takes the risk it's broken?

A used item can have cosmetic defects and show signs of wear or use but it must function as intended.  If the seller is unable to test it then they are taking a risk it will come back if it doesn't work.  And they'll be paying the return shipping.

 

UNTESTED and AS IS.  EVERYTHING you buy is actually as is or if not then it is as isn't, isn't it?  Lol.   Untested means the seller was unable to, too lazy, too busy, or doesn't have the capability to test some things.  Sometimes to test an item means taking it out of the package and installing it to see if it works.  Then the condition is changed from a new item to a used one.   I  wouldn't be afraid to buy untested.  The seller is leaving it up to me to test it.  I decide if I want to risk tying up my money and wasting my time if it doesn't work.  Nobody but me.  And nobody to blame but me if an untested item doesn't work.  And sometimes items can leave working but get dropped or moisture gets to wires and they quickly corrode, or whatever.  Just saying that a tested/working item could leave working but arrive not working.   

 

 

 

 

Message 11 of 26
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Condition: "Used", but "untested". Which side takes the risk it's broken?

Before Ebay implemented a change requiring sellers to be responsible for what they list, this was a BIG problem on Ebay. Sellers where scamming big time saying they don't know if the item works, and you must take a chance and no refunds. Those days are over.

Message 12 of 26
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Condition: "Used", but "untested". Which side takes the risk it's broken?

I can say for certain that the item MUST be working is it is the used category.

 

The ONLY way that a seller can prevent a return with a broken item it to have it listed in the "for parts not working" AND have no returns. 

 

Anything else would qualify as a valid SNAD.

Message 13 of 26
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Condition: "Used", but "untested". Which side takes the risk it's broken?


@autopartspuller wrote:

I can say for certain that the item MUST be working is it is the used category.

 

The ONLY way that a seller can prevent a return with a broken item it to have it listed in the "for parts not working" AND have no returns. 

 

Anything else would qualify as a valid SNAD.


What about categories that don't offer an "as is for parts only" condition choice?

 

 

Paranoia strikes deep
Into your life it will creep
Message 14 of 26
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Condition: "Used", but "untested". Which side takes the risk it's broken?

It must be working if it's listed as "used".  From what I have seen, most items that would be mechanical of sorts have a for parts, not working selection.  Anything "untested" would likely fall into one of those categories. 

 

Of course, I have not sold in every area.  There maybe a grey area item.

 

But, even for items that just have damage and you mark it as "used", you are likely to lose a SNAD case unless the buyer specifically admits that they are returning it due to the damage that you mentioned in the listing.  

 

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