ebay dispute - out $6750

[bella0214]

What is the name of your state? Utah

Hello,
I purchased a diamond ring on ebay after spending months researching and determining exactly what I wanted. I found a ring on eBay that was advertised as "appraised for 20K" with a G-H (no color visible to the eye) grade. The purchase price was $6750 which was a good deal if the ring was actually "as advertised". This was the minimum color grading I was willing to accept so I decided to purchase the ring. The seller even said in the posting, "there is absolutely no yellow in this ring. It only looks like it because I am having problems wth my digital camera. Guaranteed no yellow, this ring is beautiful". I paid $6750 for the ring and even paid another $100 for it to be overnighted and insured. The seller had a guarantee "no refund, unless the item is misrepresented". I didn't think there would be a problem with the transaction as the seller had over 400 positive feedbacks and a 100% rating.

I received the ring and the first thing I noticed was a yellow tint to the ring. I immediately took it to a certified gemologist and got it appraised. I was horrified to find out that the rink was actually a grading "L" or visible yellow. In addition, the carat size was misrepresented and there was a small chip in one of the stones. I am not disputing the size issue or the chip, just the gross difference in color. Now the seller is getting very nasty saying she didn't guarantee the ring only "if my appraisal matched hers". I asked for a full refund and even agreed to pay for shipping charges. I don't know what to do as the seller keeps arguing that her appraisal says "different" than mine and it is her word against mine. I am devastated because this is an engagement ring. I think the seller misrepresented the ring when she said there is "absolutely no yellow" in this stone. Even my untrained novice eye picked it up immediately. I have tried the arbitration process through ebay and it is going nowhere. I even offered to let her pick a third party jeweler in my area and I would pay to have it appraised again agreeing to whatever that appraiser determines. What are my legal options from here? Any help would be appreciated as I don't know what else to do.

Thanks!

 

[JETX]

What are my legal options from here?

Actually, your options are VERY limited!!
The only option you have is to consider filing a lawsuit against the seller, in their home county. You don't say where that is, so we can't determine the small claims limit, but it is likely that you would have to use a higher (District or Superior) court to have it heard. That will require an attorney, and travel to the court for the hearing.

 

[bella0214]

Thanks for your response. She lives in PA, I'm not sure of the county right off the top of my head. I am still going back and forth with her. I have a cousin who is an attorney so maybe just the threat of a certified letter indicating a lawsuit might be enough to scare her into giving me my money back. All I can say is I have sworn off ebay for good.

 

[JETX]

All I can say is I have sworn off ebay for good.

Why?? Ebay did nothing wrong. If there is any 'error' at all, it is in YOUR not protecting yourself. Some of the things you could have done to protect yourself:
1) Used an independent escrow service.
2) Traveled to the sellers location (considering the amount of money paid).
3) Insisted that the seller take the jewelry to a local jeweler (of YOUR choice) for an independent appraisal.
4) Insisted on a 'sales contract' stipulating YOUR local venue, including full identification of the seller and then investigated the seller (property ownership, etc.). This is the LEAST you should have done.... and it has some inherent risks.

 

[janedoe23]

What was the method of payment?

If paid by Paypal using your credit card why not file a chargeback? If your Paypal balance was used then you need to file a claim if 30 days has not passed. If neither of these were used then a lawsuit is your only option. Gee and what luck you have considering you two are on opposite sides of the country.

 

[Heatherna]

I had a dispute with ebay one time, when I got ripped off by a seller with a Superseller Rating and a feedback score of 100%. First of all, some of the people on here are very rude, so don't take it personal like it's all your fault.

If you go back on ebay, you can click on the item that was for bid. So pull it up and print it out. Word for Word of what she said in the details will be on there. Maybe you can use that as a bargaining chip. If not, and you choose to file a lawsuit agaist her, i am afraid that you have to file it in her state. But then, i would add the amount of time spent traveling and the court costs to the amount you are going after her for.

Furthermore, If she misrepresented herself, then she did conducted the business transaction under fraudulent practices, so I am sure that you will get your money back.

Good luck, and by the way, I never recovered my money from my ebay transaction. Turns out, that the person ripped off a lot of people.

 

[JETX]

If not, and you choose to file a lawsuit agaist her, i am afraid that you have to file it in her state. But then, i would add the amount of time spent traveling and the court costs to the amount you are going after her for.

WRONG!!!
The costs of travel and time are NOT compensable!!

Furthermore, If she misrepresented herself, then she did conducted the business transaction under fraudulent practices, so I am sure that you will get your money back.

Sorry, WRONG again. Fraud or not, there are NO assurances of the writer getting his/her money back.
What planet are you from??

Turns out, that the person ripped off a lot of people.

If that was true, how could they have a 100% feedback as you claim?? DOH!!

 

[Heatherna]

Maybe before you post you should read.

I said that the buyer had a 100% feedback RATING.

Secondly, in some states, you can add in your lawsuit compensation. This isn't a criminal matter, it is a civil.

And if you knew sssssssssssssssooooooooo much, perhaps you would post something a bit more useful to help her instead of posting crap and making sure you make her feel worse by telling her what she did WRONG instead of what she could maybe do to help her recover he money.

I'm afraid that obviously you are not on the same planet we are, because you might have know that she can recover at least the money she paid if the seller misrepresented the item in a fraudlent way. WHICH SHE DID!

 

[JETX]

Maybe before you post you should read.

I said that the buyer had a 100% feedback RATING.

And if you had any sense at all, you would realize that your post contradicts itself. You say in one place the the seller had a 100% rating (meaning NO complaints!!), and in another you say that the seller "ripped off a lot of people."
Simply, it can't be both!!

Secondly, in some states, you can add in your lawsuit compensation. This isn't a criminal matter, it is a civil.

Okay... so, how about your providing support for just ONE state showing that a plaintiff can be reimbursed for travel and time in a case like this??
Let me save you some time.... there aren't any!! DOH!!

And if you knew sssssssssssssssooooooooo much, perhaps you would post something a bit more useful to help her instead of posting crap and making sure you make her feel worse by telling her what she did WRONG instead of what she could maybe do to help her recover he money.

And if you had even a tiny bit of common sense (or any sense at all, much less a LEGAL education!), you would REALIZE the facts are.... she will never, EVER get her money back. These ebay scammers are simply too damn smart. The money is long gone.... and even if she were to sue and get a judgment against the seller, chances are that the seller has very little, if any, non-exempt assets to go after. But, of course, you have NO legal education or knowledge, so don't know those FACTS.... do you??
BTW, what 'help' did your post provide besides a bunch of 'feel good, warm fuzzy' crap that isn't true??

I'm afraid that obviously you are not on the same planet we are, because you might have know that she can recover at least the money she paid if the seller misrepresented the item in a fraudlent way. WHICH SHE DID!

Wow!! You must be off your meds, huh??? Do you really think that this writer has a snowballs chance in hell of every seeing his/her money again?? If so, I have some waterfront property to sell you... it is about 30 miles west of Los Angeles.

So before you post, maybe you should actually know what you are talking about!

Tell ya' what, dearie. I will put my legal education and knowledge up against yours any day.

 

[Heatherna]

This will be my last post in response to your lack of a brain, let alone any knowledge.

Hint sweetie, if she has spoken to the lady, then she knows where to find her!!!!!!! DORK

Secondly, I am a law student. I live in NC. I know the NC laws. I never said she had to say that her price was for compensation, but let me let you in on a little bit of info, you can do it here! It has been done, and I have seen it. Maybe not where you are, but here it has been done.

Lastly, Maybe I didn't explain myself in full, When I purchased the item her feedback was 100%. After I purchased the item, the lady totally closed out ALL of her auctions and her account, and I found out after waiting a MONTH on responses from EBAY, that she had ripped of people around the same time I was being ripped off.

Some legal eagle you will make. IF you wanna be an attorney, you have to show compassion for the people you are representing. But maybe it's that you are some old goof wannabe that wishes they were one, and get's thier kicks out of making people feel bad about their situations.

I DIGRESS!!!!!!!!!!!!!!!!!!!!!!!!!

 

[JETX]

This will be my last post in response to your lack of a brain, let alone any knowledge.

Promises, promises......

Hint sweetie, if she has spoken to the lady, then she knows where to find her!!!!!!!

What the hell does that have to do with anything?? I never said she couldn't 'find' her.

Oh, by the way, we are STILL waiting for you to PROVE your claim that travel and time are compensible.... in ANY state. Come on.... prove it.... or accept the FACT that we all know you are an ignorant idiot!!

Secondly, I am a law student.

Business law in high school doesn't count.

I live in NC. I know the NC laws.

So, how about your providing a link to a NC statute or case law showing that travel and time are compensable. That should be pretty simple for your pea-sized brain, huh??

I never said she had to say that her price was for compensation, but let me let you in on a little bit of info, you can do it here!

What the hell are you talking about??? Who said anything about "price was for compensation"?? Hell, that doesn't even make any sense.

It has been done, and I have seen it. Maybe not where you are, but here it has been done.

Should be pretty simple for you to provide a statute or case citation, huh?? Still waiting.... and waiting..... and waiting......

Lastly, Maybe I didn't explain myself in full, When I purchased the item her feedback was 100%. After I purchased the item, the lady totally closed out ALL of her auctions and her account, and I found out after waiting a MONTH on responses from EBAY, that she had ripped of people around the same time I was being ripped off.

Fine. But that is NOT what you said. Wow, if you can't even get these very simple facts in order, I would hate to see your 'legal presence' in court. Must be a real joke around the old blackboard, huh??

Some legal eagle you will make. IF you wanna be an attorney, you have to show compassion for the people you are representing. But maybe it's that you are some old goof wannabe that wishes they were one, and get's thier kicks out of making people feel bad about their situations.

Ahhh, yes. I remember the ignorance of first year law. Where you feel omnipotent and that your efforts will right the worlds wrongs. Sorry, dearie, reality will set in real quick. This is NOT a 'give a hug' world out there. Tilt all the windmills you want....

Ahhhh, I could go on and one, showing your ignorance..... but since you have already said that your last post was your last.... and of course, you're not a liar on top of being an idiot.... are you??

 

[bella0214]

Wow....I thought this forum was meant to provide useful advice and help....not to rip each other apart.

I really appreciate your advice Heatherna. I am definitely planning on pursing a lawsuit. My last effort is using SquareTrade to come to some resolution, but the seller has not shown any willingness to communicate with them either. I do have her address and phone number. I have also done a little bit of background work to see what type of assets she does have if this goes to court and she still refuses to pay a settlement. She has been living in rural PA in a house she paid $500K for over 6 years. I don't think this is a typical "ebay scam" type of case. I have checked her recent feedback and it has all been positive. I just think she is realizing her appraisal is wrong, but doesn't want to give back the money. This situation is gross misrepresentation and I think I have a solid case. The maximum $ amount in PA small claims is $7500-$10K depending on the county.