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Buyer always wins? Thinking about suing

So we had a bad turnout when selling. We're honest and hard working people and needed extra money because of less work. So we  sold my wifes nintendo 64  and game cube with games and controllers. ( The listing )  So he bought the item from us, because i'm always nervous about getting scammed i made sure to make it certified so he would have to sign for it. The package came two days later to him. Then he sent a request to return... reason " Not as described as in the description" I called my wife and told her to check the description and if she put something in there that wasn't suppose to be. Everything was listed correctly in the description as what was put in the box and shipped. We messaged the guy and tried to see what he was trying to pull.  His exact words " Controllers are junk and disks were heavily scratched".  The controllers are in great condition and he even saw them in the picture and the disks were no "heavily scratched" We took a picture of the games working and then put the games right by the picture. He never once complained about anything missing or not getting what he ordered, he simply just stated his lie/ opinion. We're thinking he decided he wanted his money back becasue he no longer had interest or needed his money. The Nintendo 64 came back to us in the same wrapping as we put it on. After we messaged him that he order a used console and games and not new ones, he began to insult us saying he would be "embarrassed to even sell something like that".  Ebay debited our account to paypal of 380 something and didnt even get our side or evidence. So i had to call them up and they said we can appeal it. When i already sent them messages. There whole policy is rigged towards us sellers.  The whole money back guarantee is suppose to be for items that are  not as described  not because you no longer want the item. It gives us sellers no chance of winning anything claim. No investigation was conducted but yet under there policy if the buyer was was making false claims  they could lose there money back guarantee, how do they know if they don't investigate!!! There whole " you cant sue us" is what they say. You can really sue anyone over anything, it's used by many companies and it has no legal law behind it. Don't let ebay take advantage of you. They're making money no matter what when they rule in the buyers favor.

Message 1 of 29
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28 REPLIES 28

Re: Buyer always wins? Thinking about suing


@jaisc_38 wrote:

when you don't pay money that you owe to a company, they report you to a debt collector and they put it on your credit history. Depending on the amount it can lower and make it hard for you to get anything such as a loan or getting a new car or phone.


 

How exactly would eBay access your credit report? At the very least, they would need your social security number.

Message 16 of 29
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Re: Buyer always wins? Thinking about suing

sign me up for that class action!

Message 17 of 29
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Re: Buyer always wins? Thinking about suing


@jaisc_38 wrote:

when you don't pay money that you owe to a company, they report you to a debt collector and they put it on your credit history. Depending on the amount it can lower and make it hard for you to get anything such as a loan or getting a new car or phone.


 

I know that.

You said they already pulled the money from your Pay Pal account, so it's paid, right.

 

 

 

 

Have a great day.
Message 18 of 29
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Re: Buyer always wins? Thinking about suing

Yes - Ebay always sides with the buyer. It doesn't matter if you send it with tracking or not. Buyers can pull that kind of **bleep** and always get away with it. The EBAY customer service is useless, horrible, terrible. Its a waste of time to contact them  As sellers we care about our rating but when a dispute arrives, sellers have to bend over backwards to protect that rating and the buyer can just continue to run their scams with impunity. I just lost my merchandise and shipping costs on one of these buyer scams. I only now buy on Ebay, won't sell again. Craigslist or Facebook marketplace for me. You should do the same!

Message 19 of 29
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Re: Buyer always wins? Thinking about suing

Your name, address, dob and SS

Message 20 of 29
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Re: Buyer always wins? Thinking about suing

When you sell on Ebay you agree to not have the right to sue. You would have to initiate an arbitration through Ebay's arbitration system. Yes, it is outrageous but you have the U.S. Supreme court to thank for that. Companies can stipulate that they cannot be sued if you agree to do business with them and you have agreed if you sell on Ebay.

Message 22 of 29
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Re: Buyer always wins? Thinking about suing


@jaisc_38 wrote:

Your name, address, dob and SS


 

Who would trust eBay with their date of birth and social security number?

Message 23 of 29
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Re: Buyer always wins? Thinking about suing

you would have to link a payment method for ebay as a buyer..  if it's paypal  confirms your information.

Message 24 of 29
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Re: Buyer always wins? Thinking about suing

Lol you do realize saying " You can't sue me" is a intimidation tactic. You can sue anoyone for anything. And many people already sued ebay and ebay already ahd a couple of lawsuits won against them.

Message 25 of 29
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Re: Buyer always wins? Thinking about suing

The buyer is disputing the condition. Who knows if it is a made up reason to get money back or a difference of opinion, which is why eBay sides with the buyer most of the time. 

 

If I were you, I would contact eBay to ask to get refunded for the shipping and selling fees. I would ask paypal to refund fees as well. They both may say no, but it is worth a shot, especially if this is a rare occurrence for you. Then I would sell the item locally on Facebook Marketplace, letgo, etc for cash. I don't find it worthwhile to sue and don't think you are likely to win. You have the items back, so you are only out the shipping and fees. I would handle the battle differently, but it is up to you. 

Message 26 of 29
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Re: Buyer always wins? Thinking about suing


@jaisc_38 wrote:

You would have to link a payment method for eBay as a buyer.  If it's PayPal, they confirm your information.


 

I wouldn't trust PayPal with that information any more than eBay.

Message 27 of 29
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Re: Buyer always wins? Thinking about suing

Even if you could sue, what are your damages? You got your items back, had to refund the buyer, so what are your damages, shipping, $40? Even if you won, not worth the time for $40. Relist, sell it again and put the buyer on your blocked list.

Message 28 of 29
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Re: Buyer always wins? Thinking about suing

Sellers should take the time to actually read the money back guarantee.  Buyers are told they will get their money back if the item isn't received or isn't  as described.  What this means is if  the buyer claims it isn't as described they get their money back. What part of that is unclear? 

 

Further, eBay specifically says if a buyer receives an item that doesn't match the description they need to submit a request to rurn the item and the seller should address the buyer's concern and offer a solution, such as accepting a return, or offering a replacement or a refund. It does not say if you don't agree have eBay decide. eBay has already decided.......eBay says in some cases they may automatically accept the return in the sellers behalf.  If you continue reading the policy it says sometimes the buyer isn't required to return the item. They refund the buyer and seek reimbursement from the seller. This happens when the seller chooses not to accept a return request when they offered returns in the listing, or the return request was opened because the item wasn't as described.  eBay also says they will refund if the sellerr doesn't provide a return label or funds for the buyer to return the item. 

 

The bottom line is if a buyer requests to return an item they claim isn't as described they'll get their money back, and if the seller wants the item back they need to hurry and accept the return and provide a return label.

 

Sellers should understand eBay isn't doing to decide if the buyer received it not as described. How could they do that?  Descriptions are subjective.  What's awesome condition to me could be awful condition to someone else. A cream puff to me could be a pile of junk to you. 

 

I'm sorry but sellers should read the policy and heed what the policy states.

 

 

Message 29 of 29
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