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eBay Buyer has Threatened Law Suit

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eBay Seller

Junior Member
Texas

I live in New York. I recently sold a Kestrel Triathlon Bike (worth over $4,000 new) over eBay to a buyer in Texas. He paid $1,040 for the bike.

My eBay listing had pictures of the bike and also stated that there were a couple of scratches. I feel I adequately disclosed the condition of the bike. I also believe the bike is worth at least what he paid for it - if not more.

The buyer was unhappy with the condition and has threatened a law suit. He has cited the following State law:

Texas Civil Practices & Remedies Code Chapter 38

He says I have thirty days to comply with his demand of $400 dollar re-imbursement.

I do not wish to re-imburse the buyer. I believe we engaged in a very legitimate business deal and he got a very good bargain.

Does he have a case against me? Does this statute apply to eBay? What are my rights as a seller?
 
Last edited:


racer72

Senior Member
Tha Truth said:
He will have to come to Texas to sue you in the county that you live. He will not get reimbursed for travel expenses even if he does get a judgement. I just dont see this guy coming that far and wasting that much time to get a $400 judgement. Besides, he'll only get the judgement if he can prove that you misrepresented your item.
The buyer would have to come to New York, not Texas. Just tell him his Texas laws are not worth crap in NY and that a deal is a deal.
 
C

CheeseBlotto

Guest
Well, up until he threatened to sue, the right thing to do would have been to offer a refund. At this point, tell him to shove it.
 

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