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Buyer refuses to accept a refund. Can I be sued?

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zealot12

Junior Member
What is the name of your state? Illinois
Buyer State: SC

Hi, I apologize for the double thread. I tried to post this in the previous thread but it kept saying that it was an invalid link so the text would not show up(?)

In any case, I sold an item on eBay and decided to have the item dropshipped because I had to leave town for a few days. It was my first time dealing with a dropshipper. I was told the item was refurbished, used for several months and they sent pics of the unit, which I used for the listing. In any case, the item sold and I relayed payment to the dropshipper. However, once I arrived back to town, I discovered they did not ship and I did not even get any information after the fact. The buyer was understandably irate. In contacting them, they claimed the item was defective and that they had to order out a different unit. After this point, it was hard getting any straight answers and it was clear the item was indefinitely out-of-stock. So I told my buyer I would offer him a full refund($180) and apologized for this inconvenience. The buyer refused the refund, saying he would contact the police and the courts for mail fraud and breach of contract(ebay) if I didn't get him his item from somewhere, even if I had to buy it with me own money. He says it is not his problem if I used a dropshipper, and I guess technically that is true. But I did not mean for any of this to happen and I want to rectify the situation. I would like to know what is my recourse in this situation or if this will all become reality if I don't do what he says?
 


racer72

Senior Member
The buyer is a jerk. Tell him the item is no longer available and give him his money back. You cannot be forced to sell something you don't have.
 

JETX

Senior Member
Racer is correct... to a point.

Though unlikely, the buyer could file a civil suit against you for his 'damages' due to the breach. The 'damages' would be the difference in costs between the contracted price and the price the buyer had to pay to purchase the same item. The items must be the same and in the same condition.
 

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