Ebay Buyer

[jkbmjp]

New York.

Please move this post if necessary.

In early October I sold an iPhone 6 on Ebay to a guy who lives in Oklahoma. A few days later after he received the phone on that same day he sent me a message claiming the SIM card was defective and he wanted a refund citing it was defective.

In the middle of October I issue the refund via PayPal and he receives his money.

In late October I send him a USPS prepaid shipping label via Ebay to send back the phone.

As of today, he refuses to send back the phone. Ebay is involved in the dispute but they can't force him to send the phone back. They can only restrict his Ebay access or put a hold on the account.

All of our communication has been via Ebay messages.

From a legal standpoint what action can I take against this guy? Again, I am in NY and he lives in Oklahoma. Different states and laws.

 

[Just Blue]

New York.

Please move this post if necessary.

In early October I sold an iPhone 6 on Ebay to a guy who lives in Oklahoma. A few days later after he received the phone on that same day he sent me a message claiming the SIM card was defective and he want a refund citing it was defective. This is the middle of October I issue the refund via PayPal and he receives his money.

In late October I send him a USPS prepaid shipping label via Ebay to send back the phone.

As of today, he refuses to send back the phone. Ebay is involved in the dispute but they can't force him to send the phone back. They can only restrict his Ebay access.

From a legal standpoint what action can I take against this guy? Again, I am in NY and he lives in Oklahoma. Different states and laws.

At the very least you could file a small claims case against the buyer in OK.

I'm sure some of the other volunteers will be by to advise if anything beyond a civil suit is possible.

 

[jkbmjp]

Thanks for the respond. I will be seeking a possible small claims case against him but sometimes that is hit or miss. I feel like I'm going to play more defensive than offensive.

 

[zddoodah]

From a legal standpoint what action can I take against this guy?

You can sue him in Oklahoma. Given that an iPhone 6 isn't worth more than $200-300, it's probably not worth the expense and effort.

Why you refunded the $$ without getting the item back is more than a little baffling.

 

[jkbmjp]

Yes. I understand that was a bad move on my part to give him the money first.

 

[Just Blue]

@quincy @Taxing Matters @Mass_Shyster @adjusterjack

I tagged some of the attorneys and very knowledgeable laypersons that volunteers ...I'm sure they will offer some direction for you to proceed in.

 

[quincy]

For how much did you sell the iPhone?

 

[jkbmjp]

It was 102 and change. I refunded him 91 dollars and change. Ebay takes their cut.

 

[quincy]

It was 102 and change. I refunded him 91 dollars and change. Ebay takes their cut.

Why didn’t you tell the buyer to just replace the SIM card?

 

[jkbmjp]

He said: "This phone does not work with a sim card I just left TMobile and tried a new sim card and it will not read the sim card it works on wifi but not cell network"

I am not sure if I believe him or not. The phone was being used a month before I sold it. Is it a possibility, sure.

 

[quincy]

He said: "This phone does not work with a sim card I just left TMobile and tried a new sim card and it will not read the sim card it works on wifi but not cell network"

I am not sure if I believe him or not. The phone was being used a month before I sold it. Is it a possibility, sure.

I think you should have investigated the buyer’s claim a bit before refunding his money. It sounds like the problem with the iPhone/SIM card was probably one that was easily fixable.

At any rate, here is information on filing a small claims action in Oklahoma, the cost of the suit making this perhaps not the best solution for you:
https://www.okbar.org/freelegalinfo/smallclaims/

 

[adjusterjack]

It was 102 and change. I refunded him 91 dollars and change. Ebay takes their cut.

Consider it a life lesson and move on. You're in NY. Suing in OK will cost you more than the cost of the phone because you will have to travel to OK to testify.

From now on require the item to be returned before you process the refund.

Any time I seek a refund I have to return it first before the refund is processed. I'm fine with that because I'm usually buying new stuff and I rely on eBay's guarantee, not PayPal. I'm a little more cautious when I buy used stuff.

I never sell on eBay because eBay is buyer friendly. I prefer selling locally, using Craigslist, where somebody can check out my item before handing me the money and then there's no returns and no refunds.

 

[quincy]

Consider it a life lesson and move on. You're in NY. Suing in OK will cost you more than the cost of the phone because you will have to travel to OK to testify.

From now on require the item to be returned before you process the refund.

Any time I seek a refund I have to return it first before the refund is processed. I'm fine with that because I'm usually buying new stuff and I rely on eBay's guarantee, not PayPal. I'm a little more cautious when I buy used stuff.

I never sell on eBay because eBay is buyer friendly. I prefer selling locally, using Craigslist, where somebody can check out my item before handing me the money and then there's no returns and no refunds.

Selling used items to, or buying used items from, those who are local can certainly help both seller and buyer avoid problems that arise from online transactions where no pre-purchase inspection is possible. And, if a dispute arises later even after inspection, resolving the dispute is easier and less costly if all people live within the same general area.