Item Not as Described Claim

[jbbuckley]

My husband sold over 3000 square feet of an original tongue and groove basketball court to a guy on the East Coast. The buyer bought the item without the option of return as the shipping alone was $4000.00 via a private trucking company.

The buyer accepted delivery of 6 pallets (550 square feet per pallet) of court. The buyer contacted my husband and claimed to be shorted 1000 square feet, demanding $7000.00 of his money be returned. My husband denied his request, and the buyer has since claimed "Item not as described" to try to recoup some of what he paid.

We have pictures, he claims the product is what he wanted, but it wasn't all there. His word against my husband's. eBay closed the original claim, but the guy went another route and it has been reopened. It comes down to our word against his on an item that he accepted and is not eligible for return.

Has this happened to anyone here, and what was the resolve? To expect us to absorb another $4000.00 in shipping costs to return this item is absurd.

[albertabrightalberta]

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@jbbuckley wrote:

I am unsure why the claim was originally closed.

The floor was an original 1950s basketball court; there was no box. These were measured per square foot, and delivered on 6 wrapped pallets.

My husband will be reaching out to the buyer this week. I was just wondering what the resolution was in other cases similar to ours.

We live in such a remote area, so selling locally would be difficult.

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The buyer claimed NAD so the resolution in cases similar to yours would be that ebay would find in the buyer's favor, you would have to issue a refund for the amount of the buyer's full payment PLUS pay the return shipping cost! 

Isn't it less expensive (not to mention the hassle) to just find an agreeable partial refund amount? 

[mam98031]

@albertabrightalberta 

Are you sure?  One would think they would notice that much money getting refunded.

I have a question maybe you can help with.  Would this transaction be covered under the MBG?  It is unclear to me.

[albertabrightalberta]

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@mam98031 wrote:

@albertabrightalberta 

Are you sure?  One would think they would notice that much money getting refunded.

I have a question maybe you can help with.  Would this transaction be covered under the MBG?  It is unclear to me.

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I'm not sure I understand what you're asking me if I'm sure about. If you're asking me if I'm sure the buyer claimed NAD, that's what @jbbuckley stated in post  1 when she said, " the buyer has since claimed "Item not as described" to try to recoup some of what he paid." 

Why wouldn't the transaction be covered under MBG? 

[mam98031]

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@albertabrightalberta wrote:

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@mam98031 wrote:

@albertabrightalberta 

Are you sure?  One would think they would notice that much money getting refunded.

I have a question maybe you can help with.  Would this transaction be covered under the MBG?  It is unclear to me.

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I'm not sure I understand what you're asking me if I'm sure about. If you're asking me if I'm sure the buyer claimed NAD, that's what @jbbuckley stated in post  1 when she said, " the buyer has since claimed "Item not as described" to try to recoup some of what he paid." 

Why wouldn't the transaction be covered under MBG? 

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I'm not sure at all myself @albertabrightalberta , but maybe because it was shipped via a trucking company.  Is that considered a 3rd party shipper?  I've managed to confuse myself.

[albertabrightalberta]

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@jbbuckley wrote:

My husband sold over 3000 square feet of an original tongue and groove basketball court to a guy on the East Coast. The buyer bought the item without the option of return as the shipping alone was $4000.00 via a private trucking company.

The buyer accepted delivery of 6 pallets (550 square feet per pallet) of court. The buyer contacted my husband and claimed to be shorted 1000 square feet, demanding $7000.00 of his money be returned. My husband denied his request, and the buyer has since claimed "Item not as described" to try to recoup some of what he paid.

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According to the listing, you claim to have sent 3300 square feet.

Buyer claims to be short-changed 1000 square feet. (Even if he was shorted, I don't believe it would have been almost the 1/3 he claims though.)

But using both your numbers and the buyer's, he claims a 30% shortage. 

So if you were to offer a partial refund, 30% off of the $14,850 price of the wood would be $4455. (A partial on the shipping wouldn't be advised since that's what it cost to ship the stuff.)

Would you be okay with offering that amount? I'd explain it to the buyer exactly as I've posted here: 

A 30% shortage would = 30% off the $14850 price.

[mam98031]

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@albertabrightalberta wrote:

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@jbbuckley wrote:

My husband sold over 3000 square feet of an original tongue and groove basketball court to a guy on the East Coast. The buyer bought the item without the option of return as the shipping alone was $4000.00 via a private trucking company.

The buyer accepted delivery of 6 pallets (550 square feet per pallet) of court. The buyer contacted my husband and claimed to be shorted 1000 square feet, demanding $7000.00 of his money be returned. My husband denied his request, and the buyer has since claimed "Item not as described" to try to recoup some of what he paid.

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According to the listing, you claim to have sent 3300 square feet.

Buyer claims to be short-changed 1000 square feet. (Even if he was shorted, I don't believe it would have been almost the 1/3 he claims though.)

But using both your numbers and the buyer's, he claims a 30% shortage. 

So if you were to offer a partial refund, 30% off of the $14,850 price of the wood would be $4455. (A partial on the shipping wouldn't be advised since that's what it cost to ship the stuff.)

Would you be okay with offering that amount? I'd explain it to the buyer exactly as I've posted here: 

A 30% shortage would = 30% off the $14850 price.

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Or maybe the remaining pallet they still have.  Maybe shipping that to them will make the buyer happy??

[asset_liquidators]

Last I remember (and it could have changed by now) is that "Local Pick-up Only" items are not covered by the MBG. But, the seller offered local pick-up in addition to shipping so the MBG would stand. 

Unfortunately this should have been done as Local Pick-up Only with cash payment at time of pick up but that is water under the bridge now.

I just don't see how it can be proven how much is actually there and looking at the pics there is just no way to tell.

Another issue is the seller is new so I wonder if they were signed up for managed payments to even receive the payment and of course, we all know about the holds that would be placed on those funds even if the transaction had gone smoothly. An unfortunate mess for sure. 

[mam98031]

That is what has confused me.  The Local Pick up issue.  

[jbbuckley]

We are on opposite coasts.

There are only about 400 feet of flooring remaining; sending additional flooring is not an option.

Hopefully, the two can come to an amicable agreement.

[robbie31415]

I'm pretty sure local pickup doesn't void MBG in itself.

However if he has listed it local pickup, buyer gave him the code to mark it delivered after buyer arranged for his own freight company to pickup and forward the item. Then this would void the MBG, and also protect from INR.

But if the customer picks up himself at local pickup, they still have MBG.

[davidsharp68]

The buyer is clearly scamming the seller.

The buyer knows how it works because he has done it before without a doubt.

The buyer will insist on a full refund and if the seller does not arrange for the pallets to be picked up,the buyer will get all of his money back and will get to keep what he ordered which is exactly what he wanted but he wants his cake and to get to eat it as well.

Ebay has created an atmosphere that allows buyers to scam sellers at will.

Ebay will side with the buyer in this case because they see buyers as saints and the sellers as money hungry animals.

I am speaking from my many experiences with buyers that lack morals.

Sad but true.

[downunder-61]

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@jbbuckley wrote:

We are on opposite coasts.

There are only about 400 feet of flooring remaining; sending additional flooring is not an option.

Hopefully, the two can come to an amicable agreement.

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Who actually arranged the freight? you or the buyer?

[win-727044]

It's unfortunate to hear that your husband is dealing with this situation. It's not uncommon for buyers to claim item not as described in order to get a refund, even if the item is exactly as described and they simply don't want it anymore.

In this case, it's important to document everything. This includes the original listing, any communication with the buyer, and photos of the item before and after it was shipped. You should also keep a copy of the tracking information.

When eBay reopens the case, your husband should respond promptly and provide all of the relevant documentation. He should also explain that the buyer accepted delivery of the item and that it is not eligible for return.

If eBay decides to side with the buyer, your husband may be able to appeal the decision. However, it's important to note that eBay often favors buyers in disputes.

Here are some tips for your husband:

• Be polite and professional in all of his communications with eBay and the buyer.
• Provide clear and concise evidence to support his claims.
• Respond to messages promptly.
• Be prepared to appeal the decision if necessary.

It's also important to remember that eBay is a business, and they want to keep their customers happy. If your husband is able to show that he is a reputable seller, eBay may be more likely to side with him.

As for what you can do, you can offer your support to your husband and help him to gather the necessary documentation. You can also share your story on social media and encourage others to support your husband.

I hope this helps!

[recordsetter]

a regulation court is 94 x 50 (4700sf) ...

he sent 6 pallets with 550sf (3300sf)

is the extra wood the border?

[mam98031]

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@jbbuckley wrote:

We are on opposite coasts.

There are only about 400 feet of flooring remaining; sending additional flooring is not an option.

Hopefully, the two can come to an amicable agreement.

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Don't know, if the buyer agreed to it, it might be less expensive for you.  You don't know what they buyer would say unless you offered it to them.