+ Reply to Thread
Page 1 of 2 12 LastLast
Results 1 to 15 of 18
  1. #1
    cuti0021 is offline Junior Member
    Join Date
    Jan 2005
    Posts
    13

    Unhappy Can eBay buyer really sue me?

    What is the name of your state? Virginia

    Hi. I bought a purse from either OnSale or iOffer like over a year ago and never used it. I sold that item that was, to my knowledge, authentic with a receipt because that's how it was sold to me. The listing I put on eBay was the exact same listing the seller from either OnSale or iOffer had when I had made that purchase. I saved the picture and the listing to show my friends and relatives because the bag was so rare and I wanted it and the lady was also offering other bags on her listing, but I didn't realize that until I posted my listing on eBay and then I couldn't change anything. Luckily, noone asked if I was going to sell the purses that were stated in the listing. But anyhow, the buyers come to me today saying that the bag I sold them was not real so I offered them a full refund. Even before we completed the transaction, I offered them a money back guarantee because, to my knowledge from when I bought the bag, it was real. The buyer's MOTHER says that a full refund is not good enough. She says I advertised an authentic bag and she should receive an authentic bag. She says she's going to take me to court so she can receive $1,590.00 so she can buy a real bag when her son only paid $226.50 at the close of my auction. What should I do? I really need some advice because I am new to this eBay selling stuff and when I think about it logically, the only thing I can do is offer the full refund because they were dissatisfied. Can the mother really sue me? I went and filed a dispute with SquareTrade and I sent them an e-mail stating that "I am sorry you were dissatisfied with your item. I will offer you a full refund upon receipt of the bag." But it's also funny how before the mother got involved, the son came to me and stated that if the bag comes out not to be real, then will he get his money back. I said yes. He said okay. The next day, I get a phone call from his mother and since she lives 30 minutes from me, she wanted to pay cash for it and pick it up in person. The thought of paying cash and picking it up in person was just not secure, so I said no for security reasons. The mother was insisting that it would be easier, but I said no because if we ended up in the situation like I'm in now, cash is cash, but a money order is legit. I still have the money order, never cashed it. Please help me on what I should do. I am in desperate need of some helpful advice.
  2. #2
    JETX is offline Senior Member
    Join Date
    Jun 2000
    Location
    Somnambulist University
    Posts
    40,807
    Random thoughts....
    1) The threat is common... but the reality is, they will never sue. Especially when they realize that they would have to sue you in YOUR home state in order to get at any assets.
    2) If they do sue, you MIGHT be found liable for providing a counterfeit product.... especially if your post is not clear that it was not authentic.

    Insist on her returning the item first, then after you have reviewed it, return the money. Keep records of ALL correspondence in case you have to prove the return.
  3. #3
    cuti0021 is offline Junior Member
    Join Date
    Jan 2005
    Posts
    13

    Unhappy When I bought it, I knew it was real

    We both live in Virginia. The buyer lives 20 minutes away. And I told the son, before we even had the transaction, that to my knowledge, the bag was real because the person who sold it to me gave me the impression that it was. I made it clear that it was authentic because it came with the tags and the receipt, but they were going to get it checked out and I said okay that's fine. If it was not real, me and the son had an agreement to just refund the money. I tried to explain that to the MOTHER, but nothing was good enough for her. I wasn't trying to rip anyone off. It was just something sitting in my closet that I never used and I thought about it I was going to sell it and donate the money to help with the tsunami. I never meant for it to get this bad. Please help with some advice. The only logical option I can come up with is that since I am offering their full refund, that's all I can give me because that's all I have of their's. Please help!
  4. #4
    ndnicks is offline Member
    Join Date
    Sep 2004
    Posts
    87
    if court tv is anything similar to the real thing i saw something similar in where this happened. the only thing the judge did was order a refund of the purchase price, since that was all the buyer paid for. its like sueing someone for what "could have happened" which has been said here many times to be hard to prove and not worth pursuing. itll cost money to come to your home state, money to sue, and the judge would just refund what they paid...exactly what you have offered
  5. #5
    cmorris is offline Member
    Join Date
    Nov 2003
    Location
    South Carolina
    Posts
    931
    Quote Originally Posted by ndnicks
    if court tv is anything similar to the real thing i saw something similar in where this happened. the only thing the judge did was order a refund of the purchase price, since that was all the buyer paid for. its like sueing someone for what "could have happened" which has been said here many times to be hard to prove and not worth pursuing. itll cost money to come to your home state, money to sue, and the judge would just refund what they paid...exactly what you have offered
    OP already stated buyer IS in her home state.
  6. #6
    ndnicks is offline Member
    Join Date
    Sep 2004
    Posts
    87
    then she could take her to small claims, and get paid the amount of purchase. not 1500 + dollars for the 'real thing'. she'll be sorely disappointed, and less court fees.
  7. #7
    cuti0021 is offline Junior Member
    Join Date
    Jan 2005
    Posts
    13
    Thanks so much. I called eBay this afternoon and they said the same thing. Since I am offering a full refund, it would be illegal for them to get more than what they paid for. It just kills me when there are people out there who try to take advantage of others like they were trying to do to me, but I know that they can't. It's really sad if you think about it.
  8. #8
    crusheroz is offline Member
    Join Date
    Apr 2001
    Posts
    192
    May I ask what kind of bag it is? If it is a Dooney and Bourke there is a red, white,and blue tag on the inside with a serial number on it.
  9. #9
    You Are Guilty is offline Senior Member
    Join Date
    Jun 2004
    Posts
    10,904
    And people have been known to purchase authentic merchandise from "lay" sellers, then switch them for a fake, and then return the fake one.

    Not saying that's the case here, just something to be aware of.
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  10. #10
    cuti0021 is offline Junior Member
    Join Date
    Jan 2005
    Posts
    13

    Unhappy

    I got court papers like over 3 months after the transaction was completed. The mother filed suit against me, and I find it funny how the mother is suing me, but in reality she has nothing to do with this transaction. She didn't buy the purse from me & I didn't send it to her. I sent it to her 32 year old son. I have all of the evidence that states that the son was the one in the transaction. But the "Defendent" papers state that both her and her son are the "Plaintiffs," but the mother was the one who signed the actual court papers. SHE can't file suit against me, right? Because the mother & I didn't have a transaction. It was me and her son. Someone please correct me if I'm wrong & let me know what actions I should take. Thank you!
  11. #11
    dallas702 is offline Senior Member
    Join Date
    Apr 2005
    Location
    western U.S.
    Posts
    1,834
    First, did you get the bag back to inspect it?

    Second, you are correct in that the mother has no standing in the case. The deal was with her son...period!

    Third, neither one of tham have any chance of getting money from you for what the bag might have been. This isn't a real estate transaction where the other party has been "injured" by not getting a home or land.

    Fourth, IMHO I smell a scam from the getgo. Take your paperwork to a consumer attorney and have him look at it. Go to one recommended by your (VA) State Bar Assn. It might cost you $40-50 for a 30 minute consult, but if this witch has you this worried you need to check it out.

    If she has no case, ask the attorney what action you can file against her as a countersuit. You may be able to stick it down her throat and come away with your money still in your pocket. Did your ad specifically state that "satisfaction" and authenticity was guaranteed? Did your ad state that the bag was authentic "absolutely", or just to your best knowledge? Did you ever represent yourself as a professional merchandiser of these bags, or just an individual who had purchased it "as is" or "as represented" from someone else?

    I would almost bet the rest of this scam is to meet you before court (outside) and try to get you to settle for a lesser amount without standing before the Judge. If you do get into court, the woman will probably be told to sit down unless she represents herself as a "expert" on these bags. If you still haven't received the bag from them before court (and you probably shouldn't accept it anyway), I'd take a quick look and say it isn't the same bag you sent. It probably won't be the same bag. After all....you sent her(him) a REAL bag, and she shows up to court with a FAKE one demanding more than her son paid. Judges are pretty smart at figuring out this stuff.

    Did you research her Ebay history, or his? Did you contact others who had transactions with them? Maybe they have done this before.
  12. #12
    cuti0021 is offline Junior Member
    Join Date
    Jan 2005
    Posts
    13

    Unhappy

    I had bought the purse off a seller from Yahoo! auctions. I found where the seller left me positive feedback and it also has the title of the auction where it says it's authentic. I printed that out just to prove that I did buy it from a different seller over a year ago, like I had told the son on the phone. The mother said that she took the bag to a real Louis Vuitton store & they told her that it's not real. I never took the bag to the store...it was just sitting in my closet (like I told them). It kills me to know that the transaction was finished on January 3, 2005 and all of a sudden I'm getting court papers at the end of April. My ad was the exact replica of the ad that I bought it from...picture & all. I just copied & pasted from where I got it from & pasted it into an eBay auction. But it does state that "money back guarantee" and "authenticity guaranteed or your money back." It does state that in the auction, and the son and I had agreed that if it wasn't real let me know & I'd give him the refund just as long as I received the bag back in the same condition as I gave it to them. But the "mother" was saying that's not good enough for her. I never said "I know this bag is real." I said "I took a chance just like you took a chance from buying it online." I also said, "Thank you for letting me know that it's not real. I would be more than happy to refund your money." But the "mother" replies that "That's not good enough for me." I just kept on repeating myself saying that I'd be more than happy to give you a refund and then she hung up on me. I haven't received the bag back from them. I haven't even heard from then since the mother hung up on me, which was January 9, 2005, up until April 26, 2005 & I get court papers. I looked up the son's eBay history (because the mother doesn't even own an account....it's the son's) & he's a book seller so all of his feedback are from buyers buying books from him. I didn't find any sellers that left feedback for him. Any advice, I would happy to take. I'm just suprised that it made it to the court docket. I don't owe them anything, but on the "Defendent" slip it says I'm in debt with them $1,694.98 with a 6% interest rate, plus the $38.00 for the court fees. The only money I have of their's is the $226.50 that the son sent to me for the bag, & now they have the bag. Do you find this ridiculous or what? I am kind of upset that someone would do something like this, so I'll take any advice you have to give.
  13. #13
    djohnson is offline Senior Member
    Join Date
    Jul 2002
    Location
    Tennessee
    Posts
    3,088
    Go to court and keep us posted, I don't think they have a shot at anything other than give the bag back and they get the money spent. Research up on the bag so you know what to look for in fakes. Make sure it is the bag you sent them and they didn't do a switcharoo with a fake. This happens a lot also.
  14. #14
    panzertanker is offline Senior Member
    Join Date
    Jan 2005
    Location
    Subclavian insertion...
    Posts
    2,373
    Quote Originally Posted by cuti0021
    I had bought the purse off a seller from Yahoo! auctions. I found where the seller left me positive feedback and it also has the title of the auction where it says it's authentic. I printed that out just to prove that I did buy it from a different seller over a year ago, like I had told the son on the phone. The mother said that she took the bag to a real Louis Vuitton store & they told her that it's not real. I never took the bag to the store...it was just sitting in my closet (like I told them). It kills me to know that the transaction was finished on January 3, 2005 and all of a sudden I'm getting court papers at the end of April. My ad was the exact replica of the ad that I bought it from...picture & all. I just copied & pasted from where I got it from & pasted it into an eBay auction. But it does state that "money back guarantee" and "authenticity guaranteed or your money back." It does state that in the auction, and the son and I had agreed that if it wasn't real let me know & I'd give him the refund just as long as I received the bag back in the same condition as I gave it to them. But the "mother" was saying that's not good enough for her. I never said "I know this bag is real." I said "I took a chance just like you took a chance from buying it online." I also said, "Thank you for letting me know that it's not real. I would be more than happy to refund your money." But the "mother" replies that "That's not good enough for me." I just kept on repeating myself saying that I'd be more than happy to give you a refund and then she hung up on me. I haven't received the bag back from them. I haven't even heard from then since the mother hung up on me, which was January 9, 2005, up until April 26, 2005 & I get court papers. I looked up the son's eBay history (because the mother doesn't even own an account....it's the son's) & he's a book seller so all of his feedback are from buyers buying books from him. I didn't find any sellers that left feedback for him. Any advice, I would happy to take. I'm just suprised that it made it to the court docket. I don't owe them anything, but on the "Defendent" slip it says I'm in debt with them $1,694.98 with a 6% interest rate, plus the $38.00 for the court fees. The only money I have of their's is the $226.50 that the son sent to me for the bag, & now they have the bag. Do you find this ridiculous or what? I am kind of upset that someone would do something like this, so I'll take any advice you have to give.
    I am not a lawyer, so take this with a grain of salt and do some research...BUT.
    1. Since your transaction was with HIM, I would see if there is a way to dismiss the case due to her filing suit as well. See if that angle works.
    2. If you do end up in court, DO NOT TAKE THE BAG BACK BEFORE COURT. Once in court, when shown the bag, state something to the effect that you do not think this is the SAME bag you sent them, b/c the one YOU bought then sold to HIM was authentic. Show your proof of purchase that states it had a guarantee it was authentic.
    3. Make sure you do not miss any timelines set by the court, or a default judgement can be made against you. If you do not respond or show up as directed by any paperwork you have, the judge can/will rule in their favor simply b/c you either didn't show up or didn't follow the directions given.
    4. Do not have any more contact with either one of them. They are against you, your enemies if you will, and you should have no need to discuss squat with them until your day in court.
    5. Search for damage limits in small claims court in the stte of virginia. I believe the other poster is correct, the MOST he can get from you is the purchase price plus filing fees (38).

    People suck sometimes, and you have learned a valuable lesson, Good luck.
    I have noticed that even intelligent people ask assinine questions every now and again.
    Disclaimer: I know a few lawyers. None of them is named panzertanker.
  15. #15
    dallas702 is offline Senior Member
    Join Date
    Apr 2005
    Location
    western U.S.
    Posts
    1,834
    Cuti;

    This would be laughable if it weren't such a pain in the a** for you. The mother won't make it past the first few sentences. The son's only complaint can be that he bought a bag that he thought was real, but turned out not to be. So, in his best scenario he gats his money back and you get the bag.

    But, as we have stated....do NOT accept the bag back before it is handed to yoou by the bailiff in court. If you even think for milisecond that it is not the same bag, tell the judge it has been switched. They have had the bag for approx. 3 months or more. Since there are obviously fakes circulating, you have just as much right to make them prove it is the bag you sent as they have claiming your bag was fake.

    The Judge could figure that if they were supposedly knowledgeable about the value of these bags, then why weren't they wary of paying only $225 for a $1600 bag? When someone deals on Ebay a lot (as a bookseller would), and they're bidding on an item with special value or characteristics, shouldn't they be more diligent in verifying authenticity? The fact that other bidders weren't offering anywhere near the "claimed" value should have made them (him) ask better questions. The Judge might see that he just got greedy and shouldn't get anything back. More likely, because you "guaranteed" the bags authenticity and offered a refund, he will just order the return of the m.o. for the bag.

    As far as court costs, the attorney I talked to last week told me that the dominant theory in our legal system in cases of "equity" is for each party pays his own legal costs. I have yet to see a Small Claims Judge order payment of the filing fee. BUT....if you file a countersuit claiming "malicious prosecution" (not the proper term for a civil case, but same idea), and show that you absolutely did offer a full refund to HIM (forget her)...which is stated in your Ebay ad as the remedy for non-satisfaction...you may end up getting your expenses for having to answer to this frivolous and unnecessary lawsuit. If you had to take off work to prepare or defend yourself, make the claim for that amount plus expenses to get to court, etc. It won't hurt to ask.

    You may want to verify the money order. You can check to see if it was "reclaimed" by this pathetic duo. If they filed with the M.O. provider to get their money back (and possibly have received a refund because you never cashed it), you would have the same claim against them as though they had written a bad check or stopped payment on a check. There are some punitive awards for that.

    Why was she so hot to come give you cash? Was she so anxious to get her hands on this bag, thinking she had literally "stolen" it from an ignorant seller at a fraction of its real value? That would have given her almost no recourse if she didn't like the bag. Also, you couldn't give HER the bag no matter what she brought you. You legally sold it to the son. What...he didn't have enough balls to do the deal without her?

    Anyway, you have lots of things going for you here. I would NOT mention that you copied the ad and inserted it on Ebay. That isn't legal to do. Just show the judge the ad and say you didn't mean to imply that you had other bags for sale. I hope you made it clear that you were not a professional merchant who deals with this type of goods. You were just a private person who wanted to sell 1 item you had sitting in a closet....RIGHT???!!!!

    Again, don't settle outside the courtroom; and DON'T touch the bag until it is handed to you in court. Then, make DANG sure it is the same bag. If you have ANY doubts (after all, it has been in their possession for months), reject it. The Judge will figure out who's trying to scam whom.

    File that countersuit.

Similar Threads

  1. Ebay buyer wants to sue me?
    By xFrogeye in forum Online Purchases and Sales
    Replies: 7
    Last Post: 01-03-2011, 11:47 PM
  2. Can I sue this ebay buyer?
    By ebayseller123 in forum Online Purchases and Sales
    Replies: 11
    Last Post: 03-15-2010, 03:14 AM
  3. eBay Buyer Problems
    By oldhatthrift in forum Online Purchases and Sales
    Replies: 4
    Last Post: 10-11-2004, 10:19 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.