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Misleading Ebay Seller

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dal27

Junior Member
I won a wolf oven on Ebay for $2000 and this was the description of the item:

Practically new Wolf 36" model #SO36U/S stainless steel convection oven. It was taken out of the box and installed in the kitchen but my wife decided to have a double oven instead so my remodeling plans have changed and she wants this item gone from storage...Go to the Wolf web site for a full description. This is the unit with the stowing control panel and blue interior. Item is as from the factory. The interior color is blue this 288lb item is too heavy to be shipped. All my auctions are as-is where-is but bid with confidence.
Note: I threw away the box but I have all manuals with it, this oven was plugged in only and never used. This oven for $2800.00, and I will start it at half the price...:)

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&ih=014&sspagename=STRK:MEWA:IT&viewitem=&item=330099123212&rd=1&rd=1

http://contact.ebay.com/ws/eBayISAPI.dll?ShowAllQuestions&requested=deenlo&iid=330099123212&frm=284&redirect=0&ShowASQAlways=1&SSPageName=PageAskSellerQuestion_VI

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When I received the oven and unpacked it I found that there was major damage to porcelin on the inside of the oven. When I confronted the seller on the phone regarding the damage, he said that he didn't know about the damage because he didn't see it. Some of the damage is in the front of the oven-- impossible NOT to see when you open it.

I called Wolf that day to inquire about what could be done to fix the damage. They told me that the oven was a scrap appliance that can't be fixed because the porcelin was damaged. They replace it only under warranty. This oven carries no warranty because it is considered scrap. The Wolf representative informed me that, had the oven not been scrapped, the warranty would still be in effect because it's only a year old. The ebay seller mentions there's no warranty on this unit in his Q&A, so he must have know that the oven was damaged, which is the only thing that would void the warranty.

The representative accidently gave me the phone number of the oven's orginal owner, whom I called only to discover it wasn't the ebay seller.

I've spent $300 in delivery fees to get the appliance to my house and am very unsatisfied with it. I asked the seller for my money back, but he wants me to pay for return shipping. Plus, he wants me to pay $300 for his time and to keep the oven in Uhaul storage. Because I live in Massachusetts. I can take him to small claims court for the $2000 I originally paid for the item.

When I talked to him on the phone and told him that he sold me a scrap appliance he told me that he didn't know it was one. He says that he didn't describe the unit as new and all his auctions are as-is. In his desciption he fronts like its a new unit taken out of of the box and tested.


Does anyone think I have a good chance to win in small claims court?

Thank you

David
 


MyHouse

Member
OP: I have a couple of questions.

When you talked to the original buyer of the oven who told you it was scrap, did he reveal if the guy who bought it from him knew it was scrap?

How did Wolf know the oven was scrap?

Have you filed a complaint with eBay's Safe Harbor?
__________________________________________

IMO, I believe you were misled and here is why:

The oven was described as practically new.
There was no mention of damage to the oven.
The seller said that the only reason he was getting rid of it was because his wife wanted a different kind of oven.
He didn't say he PAID $2800, but it appears that he wanted you to believe that.

It should not matter that he did not know the oven was damaged (which I don't believe anyway). He should know what he is selling. I don't think the oven was damaged in shipping, since it was designated as scrap from the beginning.

I do not think you should have to pay him for his time or storage of the oven, which he sold to you by being misleading. This guy has a lot of nerve.

I can't say what your odds are of winning because I am not an attorney. Just from my own obversations I think that you have a good chance of getting your money back. I've been reading other posts about ebay problems, and it appears to me that the seller is responsible for making sure the customer is treated well. There was even a seller that posted a few days ago, complaining that his buyer didn't pay. He sent a link to his auction, which was clearly misleading.
 

dal27

Junior Member
When you talked to the original buyer of the oven who told you it was scrap, did he reveal if the guy who bought it from him knew it was scrap?

He said that guys from wolf came and removed the oven because of the damage. I talked to wolf and they contracted installers to remove the oven. My guess is that that company put it on the black market.

How did Wolf know the oven was scrap?

The oven still has the serial number on it so they have full records of it. I'm lucky they didn't remove it before it was resold.


Have you filed a complaint with eBay's Safe Harbor?

Not yet. Will ebay really be able to do anything since I paid the guy already? I paid the guy with a check instead of going through paypal to save him money. Bad move on my part.


Here's some pics of the damage. Notice the first one is right up front

https://home.comcast.net/~dal27/ovendamage1.jpg
https://home.comcast.net/~dal27/ovendamage2.jpg
https://home.comcast.net/~dal27/ovendamage3.jpg
https://home.comcast.net/~dal27/ovendamage4.jpg
 
Last edited:

Just Blue

Senior Member
When you talked to the original buyer of the oven who told you it was scrap, did he reveal if the guy who bought it from him knew it was scrap?

He said that guys from wolf came and removed the oven because of the damage. I talked to wolf and they contracted installers to remove the oven. My guess is that that company put it on the black market.

How did Wolf know the oven was scrap?

The oven still has the serial number on it so they have full records of it. I'm lucky they didn't remove it before it was resold.


Have you filed a complaint with eBay's Safe Harbor?

Not yet. Will ebay really be able to do anything since I paid the guy already? I paid the guy with a check instead of going through paypal to save him money. Bad move on my part.


Yeah...Very bad move.
 

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