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Covering My A$$

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thelizzy

Member
What is the name of your state? PA

I sold a computer tower on Ebay that was given to me by my parents that I no longer wanted. It used to work, it was put into storage, and I never tried it again.

The winning bid was $50. The shipping was about $8. I received the payment via paypal on July 1st. Due to the holiday weekend and making sure that the item was packed well, the item was shipped on July 6th.

The seller emailed me yesterday, July 14, saying he hadn't received it. I told him it had been shipped and to be patient, if he did not receive it by July 23, I would refund his money.

He received the tower today, July 15. I received an email stating that he wants his money back, because the product does not work.

I clearly stated in the auction, quote:
This is my parents' old computer. I don't know what is on it. It is being sold as is. There are several included programs such as Works and a CD Burning program. It worked the last time it was turned on, but it has been in storage for a little bit.
NOT RESPONSIBLE FOR INCORRECT INFORMATION.
This is for the Tower ONLY. There are no cords or other components included. Please email if you have ANY QUESTIONS!!!!


I received no emails asking me questions concerning the condition of the product from the buyer prior to the end of the auction. I have saved every email and correspondence between us, including a printout of what was originally written in the auction, directly printed from Ebay.

I also stated in the shipping information that the item was non-returnable and again reiterated that if the buyer had any questions, to please contact me.

Could he potentially sue me? I can't help it if he didn't ask me to check that it worked, or read the auction fully.
 


divgradcurl

Senior Member
Could he potentially sue me?
Of course -- anyone can sue anyone else for anything!

Two things though. If the "as is" was clearly spelled out, he may have a tough go of it in court. Make sure you save printed copies of the auction page, just in case.

Second, he'll have to sue you in your state and county, so unless he is down the street, it is unlikely that the costs of coming to your locale would be worth it. He could try and sue you in his own state, but you can simply file a motion to dismiss for lack of jurisdiction, and that will be the end of it.

He may post negative feedback about you either way -- nothing you can do about that.
 
Last edited:

thelizzy

Member
Thanks for your quick response.

I honestly don't care if he leaves me negative feedback. I told him that if he does, that's fine, and I will respond with the same response I gave him: it was all spelled out in the auction.

And we're not in the same state, so you're right, it probably won't be worth his time. Thanks!
 

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