stolen item

[mybackattic]

So sold an item for $1`75 + 20 shipping. The buyer claimed that it was defective and asked for refund. So I give the refund with the stipulation that the item be returned to me. So a couple weeks go by and I  message to buyer asking where the item it and when it was sent. No answer. Message him again next week still no answer. At this point I initiate a problem with the buyer option. I have messaged the buyer again with no answer. At this point I do not know what to do as when I initiated the problem with the buyer ebay says they will not inform me of any action taken. So where do I go from here to either get my item back or money.  Should I file a stolen item with his local police or can Ebay do anything? Thanks to all.

[esclyons]

you should NEVER refund before you have your item back.. Ebay will be of no help at this point.

[american-photography]

Why would you refund the buyer before receiving the item back?

It looks like you're not getting your item back or your money.

Always wait to get your item back before refunding the buyer.

[mybackattic]

Yeah know I messed up. This is the first time it has come up.

[aproudparent2010]

It's NOT stolen. You decided to refund before getting the item back.

You always wait to get an item back before refunding....sorry you had to learn the hard way.,

[japan-treazures]

@mybackattic 

Unfortunately, there isn't anything you can do to get your money or item back as you have sent your buyer a refund before receiving your item back. 

Sorry you had to learn the hard way. 

Another suggestion, don't list anything you can'y afford to loose. 

[redlmc]

As mentioned by others, never refund without the item, or an agreement to not send the item back.

eBay will not step in on this, but you may try other avenues.

[bargainnation]

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@aproudparent2010 wrote:

It's NOT stolen. You decided to refund before getting the item back.

You always wait to get an item back before refunding....sorry you had to learn the hard way.,

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The item has been stolen. The buyer asked for a refund because the item was "defective".  The OP said she gave buyer the refund with the stipulation that the item be returned so the buyer knew/knows that the seller wanted the item back. 

The buyer was in lawful possession of the item at first but now the buyer is in possession of a stolen item... an item buyer stole by not returning it after he was refunded the purchase price. The fact that eBay is not going to do anything to the buyer does not change the fact that the item has been stolen.

And yes, as everyone said the OP (seller) should not have given buyer a refund before receiving the item back which is what eBay advises.

[kensgiftshop]

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@mybackattic wrote:

Should I file a stolen item with his local police or can Ebay do anything? Thanks to all.

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Since you shipped the item to the buyer, it's not stolen.

Since you refunded the buyer before receiving the item back, there's nothing you or Ebay can do if they don't send it back.

[luckythewinner]

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@mybackattic wrote:

Yeah know I messed up. This is the first time it has come up.

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IMHO the title of your post should be "I failed to follow procedure" rather than "stolen item". 

eBay has a fairly well-defined process if you want your buyer to "return for refund", and you faield to follow that process. 

[aldente28]

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@mybackattic wrote:

So I give the refund with the stipulation that the item be returned to me.

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Oops. You got scammed, but I'm sure you don't need a lecture on that.

With returns, always follow procedure. This means if someone messages you about a return, ask them to start the return process. You can approve that (official) request, the buyer will get a return label, and you can refund if and when you receive the item.

As to where to go from here, I would message the buyer asking them nicely to return the item. I might also (again, nicely) suggest that I am considering getting law enforcement involved...but not if they send the item back to you. Give them an explicit time limit - say a week - to drop the item in the mail and send you a tracking number, and let them know that if you don't hear from them by that day, you are going to contact Sargent X at their local police department (look it up, get an actual name), and file a police report.

[bonjourami]

Nothing 'stolen' about the item..the op gifted the buyer by refunding before the item was returned..that was voluntary on his part,nobody held a gun to his head.

[glgenterprise]

As others have said, there isn't much you're going to be able to do at this point to get our item back.

For others and in the future - if this comes up, make the buyer open a return request. Issue a return label, and when AND ONLY WHEN you have the package (any package fulfills the requirement according to eBay), then issue the return.

You can send a strongly worded letter to the buyer, either snail mail or via email - there is no reason to worry about eBay protocols at this point with this buyer - and remind them that you issued a refund in good faith and they need to return YOUR item, as at this point it is not their property. There is still a place that I can see the direct email address for buyers - if you DM me I can point you to it.

[aproudparent2010]

It's not stolen though.

The seller gave them a gift now

[bargainnation]

I still have to disagree with you. I do not want to get too legal but what the buyer did in this case is called a conversion which as one dictionary calls it is a fancy word for stealing. Even though the seller did not follow eBay's rule for giving refund to a buyer if the seller want their item back in return, the item legally belongs to the seller. eBay's rules and policies for buyers/sellers on their platform does not supersede the law.

Legally and what I view as more important, morally, the buyer should return the item to the seller.