printseller
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posted on September 19, 2000 01:40:20 PM
I just got a disturbing note from a buyer. The item was paid for and shipped months ago.
HELLO,
JUST A NOTE TO LET YOU KNOW THAT I WILL BE RETURNING THE XXXXX VIDEO GAME PLAYER. BECAUSE I AM 16 YEARS-OLD I HAVE THE RIGHT TO RETURN ANY ITEM AT ANY TIME. ONCE I GET YOUR REFUND OF $232 I WILL RETURN YOUR ITEM. I HAVE A RIGHT TO A REFUND, AND I WANT MY MONEY BACK. IF I DON'T GET YOUR REFUND IN 10 DAYS I WILL REPORT YOU.
Imagine the nerve! What really disturbes me is that my lawyer says this kid is right.
Apparently, any minor can rescind any contract at will, even it they have worn-out the product.
Even though he misrepresented himself to ebay as over 18, my lawyer says it does not matter, and I must accept a return!
I really don't want to give a refund, but I may not have any choice. Has anyone else ever had this problem?
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rawbunzel
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posted on September 19, 2000 01:43:30 PM
Hmmmm...this is a odd situation. I guess you could email him back and say that you are only 14 and cannot be held to a contract either. 
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njrazd
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posted on September 19, 2000 01:44:05 PM
printseller...if you are forced into giving a refund, at least make the buyer return the item first for your inspection. If it isn't returned in the condition in which it was sold, then don't refund.
Although the law may be on his side, I seriously doubt the minor or his parents will be hiring a lawyer to go after you for $200.
Good luck and let us know what happens.
**********************
That's Flunky Gerbiltush to you!
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onsale
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posted on September 19, 2000 01:44:38 PM
How do you know it's really not an adult who's pretending to be a 16-year old kid so he can get his money back?
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Crystalline_Sliver
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posted on September 19, 2000 01:46:18 PM
Funny what they teach in schools nowadays, huh?
:\\\"Crystalline Sliver cannot be the target of spells or abilities.
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Meya
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posted on September 19, 2000 01:47:36 PM
Forward the email to SafeHarbor, let the buyer know you are doing that. Since this auction was over months ago, I'd say the deal is over and done.
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rancher24
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posted on September 19, 2000 01:48:04 PM
And you have to return the money first???...And what proof is this "kid" offering that he is 16?....
~ Rancher
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njrazd
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posted on September 19, 2000 01:53:05 PM
I would also pull his contact info and call to speak with his parents. The suggestion of forwarding all of this to Safe Harbor is a good one, too. Is he still an active user?
**************
That's Flunky Gerbiltush to you!
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pickersangel
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posted on September 19, 2000 01:53:35 PM
Under whose Ebay ID was this purchased? If the contact info for the account was for one of his parents, then get a different lawyer. Technically, your contract was with the buyer of record--the owner of the account. Even if he registered with his own or bogus contact info, I doubt he'd prevail in, or have the wherewithal to file a small claims case against you. Minor or not, I'd think there are limits to returning merchandise under the circumstances given. BTW, what's he going to "turn you in" for? Dealing with a minor isn't illegal or against Ebay policy, it's just not smart, given that they can't be held to their contractual obligations. Even if it were illegal or against policy, he'd have to be able to prove that you KNEW you were dealing with a minor. If you can't bluff your way out of this one, don't ever take up poker.
Quite frankly, after the old lady/yardsale thread, I hesitate to comment on this thread, as I wonder what the slant is to this question. Apparently, Ebay deals have become a real legal liability for you. I'd suggest giving it up, or putting your lawyer on retainer.
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hcross
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posted on September 19, 2000 01:55:17 PM
Don't you realize that this is the same person who opened the thread on "Watch out for little old ladies at yard sales!"? Heather
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spottydoggy
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posted on September 19, 2000 01:55:21 PM
pickersangel - Your last paragraph beat me to the punch!
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amalgamated2000
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posted on September 19, 2000 02:01:55 PM
Tell him if he wants a refund he's going to have to take you to court.
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DWest
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posted on September 19, 2000 02:08:42 PM
Printseller, I suggest that you get a new lawyer. I've never heard of one that would give-up a client so quickly. Whatever you do, don't let this lawyer represent you in court. You'd probably get a life sentence!
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rarriffle
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posted on September 19, 2000 02:18:38 PM
Is this one of the old ladies grandsons? The whole family is out to get you!
 
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eventer
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posted on September 19, 2000 02:30:55 PM
Did jerry12 change his AW ID while I've been gone?
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rosiebud
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posted on September 19, 2000 02:41:51 PM
Boy! You sure keep that lawyer of yours busy! Tell me, do you keep him on retainer? If so, I'd say stop whatever you're doing, cause you're sure doing something wrong.
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snowyegret
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posted on September 19, 2000 02:53:35 PM
Is this the same lawyer as for the garage sale?
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preacher4u
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posted on September 19, 2000 03:14:08 PM
Thanks for the Idea!
I'm going to ask my underaged teenage nephew
to go into a huge eBay shopping spree.
After all, he can return everything no-questions-asked...
let's see......
I want..
a DVD player,
a Home theater system,
a Laptop,
a ....
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amalgamated2000
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posted on September 19, 2000 03:21:13 PM
So if a kid goes in to a store and buys a piece of gum and then brings it back after having chewed it, the store has to refund his money?
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pickersangel
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posted on September 19, 2000 03:23:35 PM
No need to let your nephew do the shopping!!! If I read the original post correctly, you can buy yourself whatever you want, as long as you have a minor handy to pin the rap on when you get ready to upgrade and want to write the seller for a refund......I have almost half a dozen of those myself. Boy, what fun we're gonna have!
Edited to reduce the number of children who call me mother by 1/2....
[ edited by pickersangel on Sep 19, 2000 03:42 PM ]
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london4
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posted on September 19, 2000 03:29:07 PM
First the deceased client, then the litigious seller, now an underage buyer....printseller, I don't think buying and selling is good for your health!
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Noshill
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posted on September 19, 2000 03:32:26 PM
printseller,
Is this thread the sequel to you infamous locked thread "Watch out for old ladies at yard sales"?
http://www.auctionwatch.com/mesg/read.html?num=2&thread=236286&id=236286
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uaru
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posted on September 19, 2000 03:52:00 PM
reminds me of a story. I worked with a man that had a grandson that was a bit spoiled. When he was babysitting his grandson he had a interesting experience. He was going to spank his grandson for something, and the grandson said "If you hit me I'm going to call the cops on you." I guess that's taught in school now to prevent abuse. The old fella grabbed the kid and spanked him, then he said, "Go ahead, call the cops, but do you know how long its going to take for them to get here, and what I'll do?" The child stopped using that threat from then on.
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dman3
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posted on September 19, 2000 04:21:10 PM
16 year olds are not supose to enter into contracts at all like bidding or antother with out adult ok.
if this is real I think in court the law would be on your side Ebay terms state you have to be of age no one under 18 can even bid legaly the terms and rules are there plan for all to see the burdon is on the parents of the minor.
if some one wrote me like that after the auction was over a month old payment and shipping done I would write and tell them go ahead ship the item back but your refund will be prorated 50% or more depending on conditionI sent new sealed item in box you had it and used it one month its not new and cant be sold as new no longer case closed.
WWW.dman-n-company.com
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tomwiii
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posted on September 19, 2000 04:26:14 PM
It is truly amazing what Piglets will stoop to now adays!
To troll or not to troll -- the ultimate & universal struggle between good & evul! Thus leading to evulution; or high cholesterol!
[ edited by tomwiii on Sep 19, 2000 04:28 PM ]
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macandjan
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posted on September 19, 2000 04:31:44 PM
[ edited by macandjan on Dec 3, 2000 08:34 PM ]
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eventer
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posted on September 19, 2000 05:54:17 PM
Hmmm, didn't know you could buy children on ebay. Figure there was some sort of ban on it. Can I pay with PayPal & what are the shipping/handling fees?
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figmente
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posted on September 19, 2000 06:57:58 PM
Try claiming you're senile and cannot be held to contract. If this doesn't work try the race card or wait to outlive the problem.
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abacaxi
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posted on September 19, 2000 11:04:10 PM
Printseller -
I'd tell them to go pound sand ... this was a purchase, not a "contract sale", and they can't return it any more than they can decide to return clothing, CDs or food. (in most states, only contract sales and installment sales are subject to the test of "minority" ... the stastes assuming that if a minor has cash or a checking account, they can't start rerscinding purchases made for cash/check).
The "buyer of record" is the [person whose ID was used to bid, and whose babnk account was used to pay ... if it was mommy's ID and mommy's bank account, kid has no leg to stand on.
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toyranch-07
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posted on September 20, 2000 06:15:12 AM
This is a tale of an almost NPB...
I held an auction for some items I'd put back for a 'rainy day'. My involvement with MAM has taken a lot of my time and I was counting on my 'rainy day' items for some much-needed cash.
So when they closed, I was pleasantly surprised with the level and intensity of the bidding. I noticed my bidders were all from Japan. This is a good thing! All of my Japanese customers have been prompt and GREAT!
So I sent out my EOA's...
And the bidder who won the most replied with:
quote:
--------------------------------------------------------------------------------
I'm very sorry for canceling 2 items (with a mid 3 figure value) Because someone bit high price so I can't pay for them.
But I want to get the others.
Tomorrow I will go to the post office or the bank
and ask about International Money order.
Let me know my Correct total money, later.
I am waiting for your maill.
--------------------------------------------------------------------------------
ACK!! Cancelling over half the winning bids!!!
So I looked at the auctions...
He SNIPED THEM!!!!!!!!!!!!
OK>... he's a newbie, just doesn't 'get it'.
quote:
--------------------------------------------------------------------------------
You placed a bid in the final seconds of the auctions
When you place a bid and the auction closes, you must purchase the item. It
is a legal contract. You must purchase items you win in the auction or you
violate international contract laws. ( )
If you wish to use a credit card for part of your purchases and money order
for the other part, that is fine also. Please let me know which you prefer.
Thanks
--------------------------------------------------------------------------------
And he replied:
quote:
--------------------------------------------------------------------------------
Dear?sir,
Sorry, because, well, really I am 16age high school student and so that I
told my mother about the items
Perhaps she will pay the money.
If you receive the money (International Money order or cash)please let me
know by E-mail.
--------------------------------------------------------------------------------
Awww Jeeezzzz!!!!!!!!!!!!
OK, what are the odds?
I didn't reply. I was stunned. I was trying to think of what to say next...
And this came:
quote:
--------------------------------------------------------------------------------
Dear sir,
I sent money to you on xxxxxxxx. by international postal money order.
The numbers are xxxxxxxx and xxxxxxxx.
Arriving to you, let me know.
--------------------------------------------------------------------------------
So all I could reply with was... THANKS!
This was about 3 months ago. The money came!
http://www.millionauctionmarch.com/
[email protected]
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