posted on March 24, 2001 07:49:51 PM
I sold this item and the buyer now says that it was not as good as my pictures, I listed this item as parts or fix up? sold as is. Email I recieved from him was that if I do not take it back that he will file a Ins. claim with ebay and that will lead to fraud charges and my being kicked off ebay. This item was as described. I checked his auctions and he is selling some of the same kind of items as he bought from me, So if I did take it back I could not tell if it was what I sent him or not. This bidder has a low feedback and a couple of negs for wanting money back from sellers. I have a 200+ feedback with 1 neg . My question is what would you do?
posted on March 24, 2001 08:00:21 PM
200+, This guy has been sent me a few email about when it was due to arrive, just about everyone stated fraud even before he recieved the item. He has bought and IS selling some of the same kind of parts that he got from me. All of the ones he has are sold as is.
posted on March 24, 2001 08:14:12 PM
If you think the guy is trying to pull a "buy and switch" on ya, then perhaps you ought to kindly deny his request for a refund. He might just be attempting to indimidate you with threats of Fraud Claims.
If your listing clearly states AS IS... I don't see where he would have a leg to stand on. (this might not keep him from attempting to file the insurance claims and mail fraud forms... but if you clearly have NOT defrauded him, then his claims could be deemed unfounded)
DO NOT LEAVE FEEDBACK.... since it would only set you up for further "blackmail"...
IF you are afraid of getting negative feedback in the event you decide not to refund this guy... you should probably decide whether or not the Negative Feedback is WORTH the $200.00
Would you feel better if you give the guy his money back (even if he doesn't deserve it) and protect your precious feedback score?
Or
Would you feel better with the $200.00 in your pocket KNOWING that you did NOT mislead anyone AND the negative feedback (you will likely receive) is just a "Badge of Honor" for standing on your laurels by not allowing yourself to be bullied around by a potential scammer?
It's a tough call, and only YOU know (deep down) what's going to be the solution that lets you sleep at night.
posted on March 24, 2001 11:57:45 PM
Somethin here smells like tuna....
Don't sweat a Neg...I had a neg on the top of the heap when I sold my most profitable item ever (and, yes, it was my FIRST neg)...
If the buyer DOES neg, respond in a thoughtful,but short, concise and intelligent manner to his neg...of course HE will have the last word, but if they seem stupid(the buyer), most knowledgle(sp) buyers will recognize the FB as "Hoohaw"
Keith
I assume full responsibility for my actions, except
the ones that are someone else's fault.
posted on March 25, 2001 09:32:40 AM
What I would do is tell buyer that I'll offer a full refund when I receive it back.
If and when buyer tries to pulls something, I'll react to that, but I would not assume such.
If your listing clearly states AS IS... I don't see where he would have a leg to stand on.
Adding "as is" to the auction changes nothing except buyer's opinion of seller. The rest of the description stands exactly as posted.
Stating "doesn't work, sold for parts only" is far more meaningful (being a valid part of the descripion), but still doesn't eliminate seller's responsibility for an otherwise accurate description.
I think most "as is" sellers are well meaning but fail to understand that they can't "water down" the rest of their description. Stating "I find nothing wrong with it, it seems to work, but I'm no expert, and I don't guarantee it to work or be undamaged" is honest and legitimate (presuming the rest of the description doesn't claim it works or is undamaged).
In short, one cannot cover up an inaccurate description with any possible disclaimer. We of course have no evidence that this is what occurred in the present case.
In effect, "as is", as a term of sale modifies the contract ONLY when buyer can form a description independent of seller's explanation, such as occurs by buyer looking the item over in person.
posted on March 25, 2001 09:57:18 AM
Just ask him what part of 'as is' does he not grasp? He can file till the cows come home, so what. Sounds more like a con game they are playing. Ignore and move on. Good reason not to leave feedback first. Hold your ground. Good luck.
posted on March 25, 2001 01:14:41 PM
I would send him his money back and tell him to keep the item. He could pull your info and come to your house. Happens all the time.
Hope this helps.
[ edited by petpost on Mar 25, 2001 01:15 PM ]
