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sold item online now buyer says its damaged

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Earl10

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

Will try and be brief if I can. Sold a car radio to someone in another state. Supplied pictures before the sale to show the condition of it (could pass for new). Buyer is overseas so asks to send it to someone else at a business. Fast forward a few weeks, get a message that numerous functions do not work and a part is slightly damaged to it. Buyer tried to warranty it at his local dealer before even contacting me, naturally they denied it. Told him everything worked properly when I sent it, so possibly something damaged during shipping. He calls carrier to file a claim, I speak to the carrier as well, claim is denied because they threw away the packaging. Buyer is not the one that opened the package, someone else at the company I sent it to did, even though it was sent to the buyers attention and also had the companies name on it. Buyer of course now wants a refund. I asked for pics to show the item, and one picture shows a spot where it looks like it was bumped or dropped, which could easily cause the damage in question. The pictures I supplied before the sale do not show the same damage. I am not sure when this damaged happened or by who, but it certainly was not there when I sent it. I now have the owner of the company who received it telling me he thinks the packaging I did was poor (definitely was not), so this now raises another flag to me that they would throw packaging away that they thought was not sufficient. I cannot see how I can be held liable for this, so any advice is helpful. Thanks
 
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justalayman

Senior Member
tell them it worked when you shipped it and it did not have the damage on it that it does now and you have proof.

then tell them to leave you alone.

unless or until they actually take some action, there is nothing for your to do unless you are willing to refund the money. So, you simply tell them to leave you alone and wait to see what they do.
 

Earl10

Junior Member
I've pretty much told them I am not responsible and will not refund, they are threatening internet fraud action, so I am trying to prepare just in case. I think I have all the proof I need from the pictures and saved messages of their chain of actions, but I am far from knowing legal responsibilities!
 

Hdwman

Junior Member
If they charged it on a Visa/MC/AM...

and if their claim of damage is in the first 30 days, many cards would cover the claim...all three of mine do, but they need the packaging stupid to prove how packaged and that they were turned down by carrier.

I would say that you are safe!
 

mitchell1204

Junior Member
Something like this is AS IS. If shipping insurance was taken out, it's his responsibility to follow the guidelines.

Also he could of hooked the stereo up wrong initially and fried the sensitive electronics inside. I watch alot of court TV.:D Any judge would tell him Buyer Beware. He has no recourse and you shouldn't feel bad as you acted in good faith.
 

JustAPal00

Senior Member
Something like this is AS IS. If shipping insurance was taken out, it's his responsibility to follow the guidelines.

Also he could of hooked the stereo up wrong initially and fried the sensitive electronics inside. I watch alot of court TV.:D Any judge would tell him Buyer Beware. He has no recourse and you shouldn't feel bad as you acted in good faith.
Unless he sold it on eBay and the buyer used Paypal.
 

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