Question about Title of listing versus the content of text information

[doloo]

My listing was:  Men's Khakis Pants CARHARTT Carpenter 38 x 31 Cotton. (It's in "sold" under that.) 

The text states the actual measurement is 37 waist. Buyer expected 38 - when doing the "about" entries there isn't a 37.  Is my text explanation enough to hold him to the sale? Or a refund if he returns the item? My feedback is 100%.  Thanks, doloo

[silverstatetreasureboxes]

@doloo 

Your listing title shows 38×31, you also have size 36 in about this item field along with size 37.

     I don't see this ending well.

[this*old*attic]

Sorry, EBay’s policy is any contradiction then buyer wins.

Why would you even list the tagged size if it was wrong or pants had shrunk?

[albertabrightalberta]

If your buyer filed NAD, you have to take the return for refund or you can issue a refund and let him keep the pants. 

But this picture from the listing shows the size as 36 x 32. Having 38 in the title is incorrect and the buyer is correct in filing "not as described" since they aren't 38. 

[my-cottage-books-and-antiques]

@doloo Just my view, but I'd advise him to request a refund with a return, and I'd offer to pay the return shipping. (or, if you can afford to let it go, just apologize for the error in the title and offer him a refund).

I don't think it is a question of which one controls, the title or the Item Specific? It's the fact that you created a clear discrepancy by having two very different measurements. I believe if he brings a not as described claim, he'll win, because you can't describe it as both 38 and 36. Think about it. If your title said Carhartt but your Item Specifics said George brand, you think you would win a  claim if the buyer complained he got George instead of Carhartt? I don't think so....

[albertabrightalberta]

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@this*old*attic wrote:

Sorry, EBay’s policy is any contradiction then buyer wins.

Why would you even list the tagged size if it was wrong or pants had shrunk?

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If the pants shrunk, the title would be even more "off" than it is. 

The listing has so many contradictions!

Title states 38 x 31, description states 37" x 30.5"  and tag/label inside the pants shows 36 x 32. 

[coolections]

Learn to write a description as if you were selling to a blind person. Never change what a tag says and always mention all flaws.  Never say look at a picture and if the pants shrunk tell the buyers the pants shrunk.