Internet Sales

[babersb]

I sold a computer to someone over the internet site www.ebay.com that lives an hour away from me. It has been four months (June) and now she wants her money back. She says that the computer hasn't worked, but I guarantee it worked the day I gave it to her. I told her I wouldn't take the computer back because she could have done something to it and I don't know what it is. I tried to help her solve her problem (she says the modem doesn't work), but she wasn't cooperative.

She wants to take me to court. I don't have the money to afford a lawyer or court fee. What should I do? Is it likely that she will win?

 

[Tracey]

Not on the facts you gave. She will have to prove you gave a warranty. You will say that you only guaranteed it against being DOA. Since the only thing she's complaining of is the modem, and she made no complaints for 4 months, this is evidence that the thing worked fine when she got it & now she's trying to bamboozle you into repairing something she broke. Sales of used items are usually 'caveat emptor' -- buyer beware, as is, no warrranty. I just don't believe she wouldn't have complained about the modem within the week if it didn't work....

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!

 

[wilbergris]

Tell her that if she feels that she has been wronged, that E-Bay offers an insurance policy on all purchases...

This is quoted from E-Bay...
"Most items on eBay are covered by insurance for up to $200 (less the standard $25 deductible) through Lloyd's, the industry's premier insurance carrier. Every eBay user is covered free of charge under the terms of our insurance program. cynoSure Financial is the claims administrators acting on behalf of Lloyd's of London."

Unfortunately for her, all insurance claims must be made with 60 days of auction close.