Hot Tub I Sold on Ebay Not Up To Satisfaction of Buyer

[poeandbb]

What is the name of your state? WI

I recently sold a used hot tub on ebay. The buyer is not happy with the condition of the hot tub cover. He filed a complaint with Paypal who sided with me. The buyer's complaint is in regards to the hot tub cover which I desribed as in "great shape." The buyer wants me to pay him $300 for a new cover. He paid me $747 for the hot tub w/cover. He is threatening to take me to small claims courts to recoup the cost of a new cover, his courts costs, and punitive damages. What kind of chance do I have to win this type of case?
Thanks in advance.

 

[BelizeBreeze]

You have as much chance of winning as he does.

Tell him he has the right to sue just about anyone over anything. But since he is a grown man you are not responsible for his not validating the condition of the item before purchase.

 

[poeandbb]

The buyer claims I misrepresented the item. Paypal states that I did accurately describe the item.

 

[xylene]

Do you know why PayPal sided with you? It's because you shipped the item. PayPal disputes only offer protection to the buyer if you didn't ship anything.

If I was the buyer in this dispute, I would now file a complaint with eBay as well as the credit card company I used to purchase your item. The chances are very good that the buyer's credit card company will do a charge-back to PayPal. Then, PayPal will stick you with the bill and you will have to give back all the money. If you don't, you will be banned from using eBay and PayPal for eternity. I suggest you settle with the buyer as soon as possible.

As the buyer for a detailed list and/or explanation of what is broken or not as you described it. If you made a mistake, offer a partial refund. If the item was damaged in shipping, suggest he contact the shipping company and tell him he should have purchased insurance.

Insipid wrong advice.

Don't universalize your eBay mistakes onto others. Sorry.

 

[demartian]

Credit Card

The credit card company would investigate, not immediately side with the purchaser.

What is so wrong with the cover? Is it unusable in some way? Does he have a digital picture of it? Do you have a digital picture of it before you sent it to him?

In small claims court, he would most likely only get replacement costs for the cover. Go through e-bay and see what a used one in normal condition is going for, that may be the way to meet in the middle.

 

[ISUE4YOU2]

Punitive damages are not allowed in a breach of contract.

 

[janedoe23]

I think when a buyer see's the words "great shape" there looking for something that that has slim to no imperfections. If you listed it as great shape but knew of some minor wear then you should have pointed it out in the auction. Your idea of great shape might be totally different from his. You might consider it in great shape if it had minimum fading or a tiny hole here and there but of course the buyer is expecting something else. You need to ask what he considers wrong with it and if it has to do with wear then your responsible for listing the imperfections. You can't just sum up the condition of an item in one word.

 

[xylene]

I think when a buyer see's the words "great shape" there looking for something that that has slim to no imperfections. If you listed it as great shape but knew of some minor wear then you should have pointed it out in the auction. Your idea of great shape might be totally different from his. You might consider it in great shape if it had minimum fading or a tiny hole here and there but of course the buyer is expecting something else. You need to ask what he considers wrong with it and if it has to do with wear then your responsible for listing the imperfections. You can't just sum up the condition of an item in one word.

YOU HAVE STATED EXACTLY WHY THE BUYER HAS 99% NOCASE.

 

[janedoe23]

So are you saying that if a seller listed an item as excellent condition and a buyer bought it assuming it was excellent conditon the buyer wouldn't have a case if the item arrived ripped up and stained?

 

[poeandbb]

Subjectivity seems to be key.

 

[justalayman]

a bit of a curious question;

I see you live in Wisconsin, where does the other guy live?

 

[kayak99]

My take is that the guy wants you to offer something back so he will have his hot tub and swim in it too. I've seen it happen many times. Since it's only the cover I'll wager he likes the tub.

Suggest you email him. Offer that he can take you to court (I doubt he'l shell out the filing fees.) but at the same time ask him if you wants to return it less all the ebay fees (and any shipping fees) . Chances are he has already paid to have the thing installed.

I'd bet he'll keeps the hot tub. He might leave you a negative feedback but you can leave the same for him. (that's why most sellers won't leave feedback first)