Ebay buyer threatening fraud - is it possible?

[looking4help]

State: Texas

Hi, i sold an item to a guy in another state and he's threatening fraud and trying to get me in trouble for, in my opinion, his own mistake and irresponsibility. I sold an item for which there are several models, and he assumed this was the high-end model. I did a quick search when I put this item up and mistakenly, posted a buy-it-now price for the higher end model thinking that was the one I had. So he did a buy-it-now and paid a lot more for it than he should have; however, he assumed because of the higher price that it was the higher model, isn't that his error? He NEVER asked me about it through email etc he just bought it, and sent me a money order.

The thing is, I've since spent the money moving in to a new place. Now he's threatening me with fraud. Am I in trouble on this deal?

Also, I've heard that to sue, you have to file against a person in his state. However, for fraud would the guy have to actually come here, or is that different since it's criminal?

 

[racer72]

So you want to rip someone off claiming your admitted error is the buyer's problem? Yes, your in trouble and I hope he takes you down. It's morons like you that are giving honest and reputable sellers such as myself bad names. If I was the buyer I would definitely file a complaint with your local police department, I hope the buyer does.

 

[Zigner]

So you want to rip someone off claiming your admitted error is the buyer's problem? Yes, your in trouble and I hope he takes you down. It's morons like you that are giving honest and reputable sellers such as myself bad names. If I was the buyer I would definitely file a complaint with your local police department, I hope the buyer does.

Either you or I am misunderstanding the post.


From the way I read it, the OP listed an item with an appropriate explanation/description of what the item really was, but he listed a very high price. The buyer, *assumed* that since it was a high price, it must be the higher-end model.

If your description was true and accurate, then I don't think there is anything to worry about. It IS the buyers mistake that he didn't read the auction listing fully.

However, if your auction was vague or misleading, then you may have a problem. It's important to keep a copy of what your listing actually said.

 

[looking4help]

From the way I read it, the OP listed an item with an appropriate explanation/description of what the item really was, but he listed a very high price.

That, and I didn't list the model of the item.

The buyer, *assumed* that since it was a high price, it must be the higher-end model.

That is correct...

If your description was true and accurate,

And it was accurate. He did assume that a word I used was an "acronym" when in fact it was not, it was the word "IS" in the English language.

It IS the buyers mistake that he didn't read the auction listing fully.

That's the way I would think it would be as well.

However, if your auction was vague or misleading, then you may have a problem. It's important to keep a copy of what your listing actually said.

"misleading" is a subjective term though, others asked questions to me about this auction and I answered them truthfully about model #'s etc and they didn't bid. This guy didn't, he made a big assumption.

 

[racer72]

I based my answer on one sentence from the OP:

I did a quick search when I put this item up and mistakenly, posted a buy-it-now price for the higher end model thinking that was the one I had.

Mistakes can be corrected but when the OP trys to divert the blame to the buyer without correcting the known error, that is fraud pure and simple. I stand by my first post. Plus I would bet money that the description of the item made it appear it was the higher end item.

 

[Just Blue]

I based my answer on one sentence from the OP:



Mistakes can be corrected but when the OP trys to divert the blame to the buyer without correcting the known error, that is fraud pure and simple. I stand by my first post. Plus I would bet money that the description of the item made it appear it was the higher end item.

I think you are right in this...I had the same thing happen when I bought a camera...Went did a serch for Cannon 400 and a seller had put a Cannon 200 under the wrong name...We both made a mistake...he in the discription and I in not reading the WHOLE thing...We cancelled the sale with no hard feelings...

OP you need to refund the money...

 

[outonbail]

I based my answer on one sentence from the OP:



Mistakes can be corrected but when the OP trys to divert the blame to the buyer without correcting the known error, that is fraud pure and simple. I stand by my first post. Plus I would bet money that the description of the item made it appear it was the higher end item.

I agree racer, the post has a misleading tone to it. I'm also willing to bet that the OP was anticipating there would be a problem once the item was received by the buyer and discovered to be something other than the price would suggest. Would it be OK to list a 1969 Corvette for ten thousand dollars then ship the buyer a 1969 matchbox version of a 1969 corvette?

Furthermore, the OP is obviously not a regular or reputable seller. If he was, he would extend an honest effort to "make good" on the sale for the buyer by either returning the difference in value between the item he "mistakenly thought he had" (up for sale) and the one he actually sold. Or he would allow the buyer to simply return the item for a refund of the purchase price less shipping costs.

However, he is obviously taking the position of "He didn't ask so I didn't tell" knowing all along that his price was way beyond the value of the model he had for sale, which is admittedly the value of the model a buyer would certainly believe applied to the high end item. This is just a shady way of doing business and not of concern to the OP, since he is not in this as a business venture but rather a burn venture!

Even if there is no legal means to enforce such an action, rather than play stupid, he should do the right thing and work out some sort of settlement with the buyer.

 

[looking4help]

Would it be OK to list a 1969 Corvette for ten thousand dollars then ship the buyer a 1969 matchbox version of a 1969 corvette?

That's a bad analogy, because I didn't do that in this case. Everything I listed about this item was true, I just didn't specify the 'model' of it and as it turns out the model I was selling was about $800 less than the buyer "assumed" it was.

I'm not interested in what I "should" do or even if I could be "sued" I'm asking if there is a possibility of fraud since that is what he's threatening, and I just don't see it since all I did was not provide the model # - and he never asked for it.

Mistakes can be corrected but when the OP trys to divert the blame to the buyer without correcting the known error, that is fraud pure and simple.

No, fraud is when you lie to someone and have intent on cheating them. Are you even an attorney? You don't sound like one.

Plus I would bet money that the description of the item made it appear it was the higher end item.

No, I just didn't list the model of this item; that, and the buy-it-now price was $800 higher than what I was selling.

 

[outonbail]

That's a bad analogy, because I didn't do that in this case. Everything I listed about this item was true, I just didn't specify the 'model' of it

No, this is not a bad analogy, because this is exactly what you have done. You knowingly failed to list the model number of the item you offered for sale. This left out information is the one piece of information a potential buyer could reasonably use to confirm that the item they are purchasing is in fact what they were led to believe it is.

as it turns out the model I was selling was about $800 less than the buyer "assumed" it was.

No one simply assumes they will be paying $800.00 over any items value, your a crook, plain and simple. Make that a crook without a conscience. I'm done posting in your thread as the thought of exchanging posts, with such a low life, slime ball makes me sick,,,,,

 

[looking4help]

No, this is not a bad analogy,[/quote]

You are incorrect again; there's a difference in selling a model of a car and an actual car. Two different things.

You knowingly failed to list the model number of the item you offered for sale. This left out information is the one piece of information a potential buyer could reasonably use to confirm that the item they are purchasing is in fact what they were led to believe it is.

If that's the case, and it was so pertinent, why didn't the person simply ask for the model # instead of assuming it? It's on the buy to do that right, or is that the seller's responsibility and worthy of a fraud conviction? DOes anyone know? THanks

 

[garrula lingua]

Verdict is in : you are a dirtbag.

Additionally, that qualifies as fraud.

 

[garrula lingua]

Verdict is in : you are a dirtbag.

Additionally, that qualifies as fraud.

Sell your excuse to a jury, who all buy on the internet. Good luck !!!

 

[stephenk]

""misleading" is a subjective term though, others asked questions to me about this auction and I answered them truthfully about model #'s etc and they didn't bid. This guy didn't, he made a big assumption."

So you knew the model # when other potential bidders asked, right? Why didn't you then put the model # in your posting of the item?

I'm an attorney and you did commit a fraudulent sale through omission of a pertinent fact.

 

[ceara19]

Technically it's not fraud, as long as the description was accurate. To use another car analogy, say you list a 1969 corvette. The description only says "1969 Red Stingray Corvette". The Buy it Now price is $20000. The buyer sees the ad and thinks, "That's a GREAT price for a 1969 Red Stingray Corvette" and immediately buys it. When he receives the car, he finds out that the engine is blown, the transmission shot, the interior is torn to shreds and the paint is chipped and cracked and the buyer thinks he got scammed. The seller explains that he got exactly what he paid for, a 1969 red stingray corvette. SHOULD he refund the money? yes, it would be the right thing to do, but he doesn't HAVE to. He delivered EXACTLY what he sold. It's not the seller's fault that the man didn't ask what condition the car was in.

 

[looking4help]

Technically it's not fraud, as long as the description was accurate. ,

So, some say it's fraud, some say it isn't. The description was definitely accurate, I just didn't list the actual model # of the item.

I'm an attorney and you did commit a fraudulent sale through omission of a pertinent fact.

Well, some are disagreeing with you on that. AGain I'm not interested in finding out what I "should" do I'm interested in what's illegal.