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11-03-2008, 04:40 PM
| | Junior Member | | Join Date: Mar 2008
Posts: 4
| | | ebay seller non selling
What is the name of your state (only U.S. law)? wisconsin
i purchased an item on ebay in the end of october...after the money was exchanged, the seller came back saying that the item was sold for too low of a price so she was going to refund my money "asap" (it took over ten days) and relist it back on ebay with buy it now and a reserve. i had reported her to ebay, we had tried to work things out however she was extremely rude and immature stating that the item wasn't her's but her sisters and it was just a simple mistake. she admitted that she was wrong, it was her fault, but she was not going to do anything about it. she also stated that ebay did let her know that she and i came to a binding contract, but she did not care about that either, "she was 'new' to ebay". how would i go about filing a claim for small claims when she resides in maryland and i in wisconsin. the item was a breast pump (hospital grade) and since she decided not to sell, i had to continue my rental which is $70 a month until i am able to get another one...would i be able to tack that onto the law suit as well? can i file suit in wisconsin instead of having to travel to maryland?
thank you
Last edited by beandis; 11-03-2008 at 04:50 PM.
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11-03-2008, 04:47 PM
| | Senior Member | | Join Date: Nov 2007 Location: The Heart o' Dixie
Posts: 1,806
| | | You were refunded, so you have suffered no damages. Move on with your life.
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11-03-2008, 04:53 PM
| | Junior Member | | Join Date: Mar 2008
Posts: 4
| | Quote:
Originally Posted by TheGeekess  You were refunded, so you have suffered no damages. Move on with your life. | i was refunded, however the difference in price that it will now cost me to purchase another one is about 150.00 more than what i had originally won that original pump for. all i want is the difference it will cost to get the other pump. |
11-03-2008, 04:56 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 14,154
| | | Then sue the seller in small claims court. Of course, you'll have to buy one in roughly the same condition as the one the non-performing seller had. And, you'll have to sue in their home state.
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11-03-2008, 05:01 PM
| | Junior Member | | Join Date: Mar 2008
Posts: 4
| | Quote:
Originally Posted by Zigner Then sue the seller in small claims court. Of course, you'll have to buy one in roughly the same condition as the one the non-performing seller had. And, you'll have to sue in their home state. | so it would have to be in maryland then. i would rather just make one trip instead of two but if so, it will have to be. (used to live in maryland anyway) thank you |
11-03-2008, 05:04 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 14,154
| | Quote:
Originally Posted by beandis so it would have to be in maryland then. i would rather just make one trip instead of two but if so, it will have to be. (used to live in maryland anyway) thank you | Your travel costs won't be reimbursed. You are going to spend more to sue this person than you stand to get in the law suit. It's a bad business decision to go forward with this.
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Also, the information I posted may no longer be accurate.
Communication is KEY - 10 mins of talking now can save you months of headaches later!
Masterfully stating the obvious to the oblivious! (Thanks SP!)
Tell it like it is! | |
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