I sold a car on ebay for 3750. the buyer is not satisfied with the car I offered a refund if the car was returned in the same condition it was sent the buyer said if I dont send the money first he will take me to court. I assume he would have to take me to small claims court is this correct? he is in ok and I am in nm which court would it be his or mine would the loser be responsible for travel, lawer, shipping charges etc. ?
Whatever you do, do NOT give him back the money without getting the car first! Otherwise, you will be out the car and the money. Unless you misrepresented the car, all car sales are considered "as is" so just stop responding to his emails/calls.
I believe he will have to sue you in your state as that is where the sale was made. Did he come and pick up the car or did you have it shipped?
Print out and keep a copy of your auction, just in case he does sue you. I believe you will win since it will be deemed as is unless you gave some kind of warranty. If you win, you can ask that he be made to pay your court costs.