Buyer Demanding Parts Not In Listing

[equid0x]

I am having an issue with a buyer that I have not run into before and I am wondering if anyone else had a similar experience before.

Buyer purchased a sprinkler timer that was sold as-is, no warranty, no returns. Timer had broken zone as described in the listing. Listing is for the panel only and makes no mention of including any other parts or accessories. 

Buyer begins emailing me stating that the listing is deceptive because he expected to receive the item with a power adapter. I explain that the listing was not sold with an adapter, but that these are readily available, or that alternatively, he can wire the panel to the 24VAC taps on his doorbell

transformer, if he has one. 

Buyer continues to go back and forth with me all morning claiming the listing is deceptive, that he can't use the panel as is, that he never would have bought it if he knew it didn't come with an ac adapter, etc etc. I explain that he purchased an as-is, no returns listing, that he can readily source the necessary part from a variety of retailers at minimal cost, that I will not accept a return or offer a refund. I call into CS and ask them to review his emails and make a note on my account should things escalate. CS agrees to do this. 

Fast forward to 1:30am the following day, he opens an item not received case with eBay. I find this in the morning, call into CS, spoke with a rep who reviewed the case and closed it in my favor, as tracking info shows delivered. 

At around noon the same day, the buyer now opens a return, claiming that the item is missing parts or pieces. I call into CS, who tells me they can't step in to the return until 72 hours have passed, but review the case and agree with me again, saying they will make more notes on the account.  At this point, I email the buyer back via the return and restate what was already said to him in eBay messaging and that I will decline return or refund. In his return he is again demanding that I send him an AC adapter or refund his money. 

Has anyone else ever dealt with a situation like this? This is the first time I have had a buyer demand that I send them things that were not in the original listing, and then open multiple cases trying to get a refund. 

[7606dennis]

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@equid0xwrote:
Point out where on the listing I sold a kit.

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I was responding to the previous poster and from what I saw in the post my answer was correct.

[7606dennis]

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@equid0xwrote:

I beg you.. go to any live public auction anywhere in the US. Bid on an item. Win it. Complain to the auctioneer that there is no power supply included. By all means, tell us all what the outcome is.

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Actually, as an auctioneer I can tell you that any competent auctioneer would have mentioned that there was no power supply included with the item upon describing the item up for sale.  In addition, at auctions conducted live, the items are ordinarily available for bidders to examine prior to the commencement of bidding.  This is not the case with an online eBay auction.  Thus "As Is" cannot be applied.  Only "As Described."

[equid0x]

I don't mean to necro a thread - but I didn't see this response before and I really had to ask:

Where is this auction? I have never once in my life been to a live auction where the auctioneer described the item(s) for sale any more than "Here it is, gentlemen!" For some of the combined live/online auctions I have seen there may be a VERY basic description like: "163000 miles. Passes Inspection. Starts and drives off the trailor. You will be provided with title and temp registration per state law."

I can agree that in *some* auctions you *may* get a chance to view the items prior to sale, but then, pictures and listing description, and _ability to ask questions_ is the online version of "viewing" said item, you know, say 7 or so days before the auction finishes. In most live auctions you'd be lucky to get a day if even an hour before the auction commences, and you definietly don't get to ask questions. 

As-Is has a pretty specific legal interpretation that is accepted by every legal institution in the US, and that is that the item is sold just as it stands- "AS-IS". There is tons of case-law backing this up and I am unaware of any case whose judgment  states that this doesn't apply to an online auction. If you can post AS-IS sale on a sign in a store, a real-estate listing, or a classified ad, why wouldn't it apply to an eBay listing? This BTW doesn't usurp the legal construct that the item must still be what you say it is, and must be fit for the particular purpose for which you bought it, but these are applied extremely loosely in the case of an AS-IS sale. 

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Actually, as an auctioneer I can tell you that any competent auctioneer would have mentioned that there was no power supply included with the item upon describing the item up for sale.  In addition, at auctions conducted live, the items are ordinarily available for bidders to examine prior to the commencement of bidding.  This is not the case with an online eBay auction.  Thus "As Is" cannot be applied.  Only "As Described."

[agent006140]

There is no such thing as no return on Ebay,if he goes to Paypal,he pays return shipping,if he goes to his cc issuer,he keeps the item and his money and you are out $20 chargeback fee.

[equid0x]

You only get return on SNAD with a no returns listing. At any rate I should follow on that I filed an appeal and the case was ultimately found in my favor. They did also force the customer to return the item to me. I was reimbursed the shipping expenses for the item.

[monster-deals]

You should overwhelmed with feelings of joy that this is the only time it has happened to you.

[7606dennis]

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@equid0x wrote:

I beg you.. go to any live public auction anywhere in the US. Bid on an item. Win it. Complain to the auctioneer that there is no power supply included. By all means, tell us all what the outcome is.

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As a licensed auctioneer and auction business owner, let me point out that live outcry auctions ordinarily have the item available for inspection and do not rely entirely on a published description of an item being offered.  Most auction businesses sell on "AS IS, WHERE IS" terms, but without the potential buyer having the ability to inspect the item before bidding begins those terms are not really appropriate.  "AS ADVERTISED" is more appropriate.

In answer to your question, while I'm only licensed in 19 states, I can't answer for all auction businesses anywhere in the USA, but at one of my sales the description of the item would have indicated that no power supply was included before the bidding on the lot was opened.  (By the way, many, if not most, auction houses record the proceedings for the record.)  If, however, the bidder failed to do their due diligence and inspect the item before bidding and one of my people failed to give an accurate description when opening the bidding, the bidder would not be required to complete the transaction and my employee would be reprimanded for failure to follow proper procedure.  Of course, I can't speak for all US auction houses as you seem to be able to do.

Of course, this being eBay, eBay's rules are pretty much what is followed and, unless I'm mistaken, if the item is listed as new or used it is required to have all the items that normally come with it from the manufacturer.  If an item that normally comes with the item is not there, that has to be specifically mentioned in the listing.  If not, the buyer has grounds to file a SNAD dispute.