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Amazon buyer threatening legal action over defect that was listed in description

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jgarver

Junior Member
What is the name of your state (only U.S. law)? Oklahoma

I recently sold an iPhone on amazon the description read, "The wifi seemed to be stuck in the off position, but I'm sure it can be fixed and doesn't hinder the phone at all."

The buyer stated that he let his daughter buy the phone and found out the wifi does not work.The buyer now wants a full refund and for me to pay for shipping because the wifi does not work on the phone. He says that since I said "I'm sure it can be fixed" he tried to fix it and could not so he claims the description was deceptive. He did not provide any proof that he took it to an apple store, and it is very unlikely that he did since he complained on the same day the item arrived. (Apple stores require appointments I believe.)

He also claims the phone is from another country despite the fact it is tethered to Verizon USA and will work in no other area. Apparently "apple genius says its from another country and it will not work." Although I'm not even sure what that might mean.

He filed a complaint on amazon and I offered a partial refund to cover the cost of shipping it to him if he would pay to have the item sent back to me. I would issue the partial refund when I had the item again.He claims that this does not solve the issue well enough and has sent all of my information to his attorney to start legal process. I went ahead and emailed amazon seller services to try to escalate the claim and get amazon to arbitrate the matter.

Should I just give him a full refund and pay for all of this shipping or does he have actual legal grounds to sue me over this? In my opinion the defect he is complaining about was listed pretty straightforward in the description for the item. Refunding and paying for the shipping would cost me $40 total out of pocket on the $200 item that I sold.
 


tranquility

Senior Member
I would not refund the money unless the wifi is proven to be broken by a competent person. You disclosed the issue and he thought he was getting a deal. It didn't work out as he hoped and he wants to go back on the deal. The only difference between giving him his money back and losing in court would be the filing fee. For $200? He did not send things to his attorney.
 

You Are Guilty

Senior Member
I would not refund the money unless the wifi is proven to be broken by a competent person. You disclosed the issue and he thought he was getting a deal. It didn't work out as he hoped and he wants to go back on the deal. The only difference between giving him his money back and losing in court would be the filing fee. For $200? He did not send things to his attorney.
Normally good advice, except selling a non-100% item apparently violates Amazon's sales policy:
http://www.amazon.com/gp/help/customer/display.html?nodeId=1161242

So it looks like the seller will ultimately be refunding the money, either to Amazon, or directly to the buyer.
 

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