Ebay litigation

[fmctm1sw]

This is the ugly side of eBay. When you don't get what you pay for. I don't know about anything legal that can be done. I just know how much of a pain it is to get your insertion fee and final value fee back if you get stiffed.

[MrRetroGamer]

quote:

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Originally posted by StanJr:

Can I sue somebody if I win an auction and they don't send me the goods or send me the incorrect goods and fail to make reparations?

Stan's advocate

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Hi There,

 

Hopefully you are not talking about an extremely large amount of money that was lost. Maybe if you provide more details, link to the auction, how long ago this was, how did you send payment, do you have proof of payment, does the seller have a history of this behavior in their feedback? Usually there is little that can be done, if the person was reputable they would make good on the deal. If they are a crook, it's pretty useless. You can also get their contact info thru EBAY and attempt to call them. If they provided false info you can report them to EBAY and they will get suspended. That won't get your money back, but it might make you feel a little better?

[StanJr]

I'm talking more hypothetical here, but I think its important for people to know how to defend themselves if they get taken. There is no other way to prevent this sort of thing from happening, since the people who run Ebay don't seem to care much.

 

Just looking out for myself and others. Exploring all options

[MrRetroGamer]

quote:

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Originally posted by StanJr:

I'm talking more hypothetical here, but I think its important for people to know how to defend themselves if they get taken

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Very true. Well, here is what I suggest.

 

1. Do your homework BEFORE you bid. READ the sellers feedback. If they have negatives, see what people said about the person. Do they have a "history" of not representing the item properly, over charging on shipping, becoming abusive in emails, or non-responsive in communication. See what kind of feedback they leave, especially their negatives left - do they state facts or do the resort to name calling?

 

2. See what else they are selling and what they have sold. Don't attempt to buy an expensive item from someone who has a history of only selling $2 items without being certain that they are reputable. Could be a red flag, so check it out.

 

3. ALWAYS try to establish SOME form of communication with the person before you bid - ASK A QUESTION to Seller. See what kind of reply you get back - you may not want to deal with someone who cannot compose a proper reply or who doesn't answer your questions directly or honestly.

 

4. Make certain you know exactly what it is you are bidding on and what condition it is in. If you need another picture or better description, ASK!

 

5. If you send a payment through the mail and have doubts about your seller, use Certified Mail (Proof of Delivery) so there is no question your payment was received.

 

As a seller, I try hard to make sure the customer is happy and gets what they want. If I make an error, I do what I can to make the situation right. If that means a partial refund, a full refund, shipping a replacement product at my expense, I do it. Even if the customer is clearly wrong, I'll still try to make good on the deal, provided that the customer properly notifies me of the problem and maintains the proper attitude. Once you lose your composure, all bets are off. Many times, a minor misunderstanding can be fixed before it gets blown out of proportion, but only when communication is present.

 

When I buy stuff on EBAY, I hope that person on the other end will conduct themselves like I do, in a professional manner, but many times it's not the case. While most sellers are fine to deal with, there are a few bad apples out there too. I've also had a few "buyers from hell", so it does work both ways.

 

Litigation is probably a last resort, but keep in mind the cost associated may be more than the item is worth.

 

There is probably much more, maybe someone else wants to add a few more items.

[froggger2]

Ebay apparently insures purchases of up to $200 against fraud with a $25 deductable. If you lose $50 to fraud, they will apparently pay you $25.00. Has anyone ever filed such a claim with Ebay? Has anyone ever collected?

[StanJr]

Can I sue somebody if I win an auction and they don't send me the goods or send me the incorrect goods and fail to make reparations?

 

What kind of documentation might that entail (e-mails to and from, the auction page, etc.)

 

And what might be the statute of limitations on something like this.

 

Also, I wonder if I could sue Ebay itself (probably not, I bet they have really covered their es on this one.)

 

Stan's advocate

[Skatepunk60]

Seriously cause i got screwed out of 50$ like 2 yrs ago when i first started collecting and they said they couldnt do nothing about it.