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ebay seller non selling

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beandis

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

i purchased an item on ebay in the end of october...after the money was exchanged, the seller came back saying that the item was sold for too low of a price so she was going to refund my money "asap" (it took over ten days) and relist it back on ebay with buy it now and a reserve. i had reported her to ebay, we had tried to work things out however she was extremely rude and immature stating that the item wasn't her's but her sisters and it was just a simple mistake. she admitted that she was wrong, it was her fault, but she was not going to do anything about it. she also stated that ebay did let her know that she and i came to a binding contract, but she did not care about that either, "she was 'new' to ebay". how would i go about filing a claim for small claims when she resides in maryland and i in wisconsin. the item was a breast pump (hospital grade) and since she decided not to sell, i had to continue my rental which is $70 a month until i am able to get another one...would i be able to tack that onto the law suit as well? can i file suit in wisconsin instead of having to travel to maryland?
thank you
 
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beandis

Junior Member
You were refunded, so you have suffered no damages. Move on with your life.
i was refunded, however the difference in price that it will now cost me to purchase another one is about 150.00 more than what i had originally won that original pump for. all i want is the difference it will cost to get the other pump.
 

Zigner

Senior Member, Non-Attorney
Then sue the seller in small claims court. Of course, you'll have to buy one in roughly the same condition as the one the non-performing seller had. And, you'll have to sue in their home state.
 

beandis

Junior Member
Then sue the seller in small claims court. Of course, you'll have to buy one in roughly the same condition as the one the non-performing seller had. And, you'll have to sue in their home state.
so it would have to be in maryland then. i would rather just make one trip instead of two but if so, it will have to be. (used to live in maryland anyway) thank you
 

Zigner

Senior Member, Non-Attorney
so it would have to be in maryland then. i would rather just make one trip instead of two but if so, it will have to be. (used to live in maryland anyway) thank you
Your travel costs won't be reimbursed. You are going to spend more to sue this person than you stand to get in the law suit. It's a bad business decision to go forward with this.
 

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