Sold a PS3 on Ebay - Buyer states doesn't work demanding money back or will sue...

[Elaine1977]

I live in Florida:

I recently sold a Playstation 3 on Ebay. It was brand new in box and never opened. Buyer is stating that the system doesn't work. I sent the original receipt with the system so he could take care of any issues like this should they arise. Buyer tried to take system to store and they will not do an exchange (company policy - I called and they verified everything had to be handled via the warranty with Sony) I informed the buyer they could handle the issue with Sony or we would send him a new system as an exchange. Buyer is refusing and is demanding his money back and is threatening a lawsuit. Claims he works for a legal consulting business and he is ready and willing if he doesn't receive a refund. Buyer bought system for $2700.00 on ebay from myself when they retail in stores for only $600.00. I think the buyer has buyers remorse especially since he is refusing an exchange. What do I do? My auction even stated "NO REFUNDS" If he takes this to court do I have a leg to stand on?

Elaine

 

[racer72]

Tell the guy to pack sand.

 

[Elaine1977]

LOL....I feel like telling him much worse then that, but I have tried to stay as professional as possible.

 

[peanuttt118]

I live in Florida:

I recently sold a Playstation 3 on Ebay. It was brand new in box and never opened. Buyer is stating that the system doesn't work. I sent the original receipt with the system so he could take care of any issues like this should they arise. Buyer tried to take system to store and they will not do an exchange (company policy - I called and they verified everything had to be handled via the warranty with Sony) I informed the buyer they could handle the issue with Sony or we would send him a new system as an exchange. Buyer is refusing and is demanding his money back and is threatening a lawsuit. Claims he works for a legal consulting business and he is ready and willing if he doesn't receive a refund. Buyer bought system for $2700.00 on ebay from myself when they retail in stores for only $600.00. I think the buyer has buyers remorse especially since he is refusing an exchange. What do I do? My auction even stated "NO REFUNDS" If he takes this to court do I have a leg to stand on?

Elaine

What does EBAY say? Don't they have a legal division that handles this stuff? I doubt if he has a leg to stand on - especially if you stated no refunds.

 

[Elaine1977]

I tried to find information about involving ebay or asking for their help and when it comes to this kind of thing they pretty much are saying they can't do anything for me. I have a part 2 question concerning this:

He emailed me last night and said that he would bring us to court regardless if he thought he had a case...says he just wants to cause us to spend several thousands of dollars just to stick it to us. Can he do that? Bring us to court even if it is obvious he won't win?

 

[moburkes]

I tried to find information about involving ebay or asking for their help and when it comes to this kind of thing they pretty much are saying they can't do anything for me. I have a part 2 question concerning this:

He emailed me last night and said that he would bring us to court regardless if he thought he had a case...says he just wants to cause us to spend several thousands of dollars just to stick it to us. Can he do that? Bring us to court even if it is obvious he won't win?

Of course. Anybody can sue anyone for anything. That doesn't mean that he will win. I think, though, that he will have to sue you in your state, which may make it harder. Also, people threaten lawsuits all the time, hoping that it will get the other person to cave in to their demands.

 

[Elaine1977]

Of course. Anybody can sue anyone for anything. That doesn't mean that he will win. I think, though, that he will have to sue you in your state, which may make it harder. Also, people threaten lawsuits all the time, hoping that it will get the other person to cave in to their demands.

I am assuming it would be small claims since the purchase price for the system was under $3000.00, is that correct? I was wondering which state he would have to file in...if he has to sue me in my state doesn't that mean he would have to travel here and be in court in person? Meaning costing him money? He lives in Illinois. The more I start to think about what it would actually intale for him to sue me the more I am convinced he is just blowing smoke etc. He is just so darn persistent and dertmined and seems serious....he has emailed over and over with threat after threat.

With the last email I stated since he had legal counsel already I would be glad to discuss the matter with his lawyer either via phone or email to find out more information on what charges he intended on pursueing. I haven't heard anything since that email, at least not yet????

Elaine

 

[mhallgren]

Elaine, As you can see by my post, I am having a similar problem but from TWO years ago. I was able to live chat with Ebay last night hoping for some help. I got a very nice rep. who said legally, the auction statements are upholding. You are obviously being bullied due to buyers remorse. Sit tight .... and yes he would have to file it in Court under your state. I doubt he will travel and incur expense. If he chooses to also sue for his expense then it gets bumped out of small claims and his bills escalate. I doubt he will take it that far. Very nicely tell him to handle it directly with EBAY ( and secretly wish him luck because they are impossible

 

[Happy Trails]

Actually, the buyer could file in his/her state.

Then Elaine1977 would need to contact the court and go for a dismissal because of improper venue.

I don't think it is going to get that far...

I agree that the buyer is just having remorse that they paid that much. You don't even know for a fact that it doesn't work.

If it is indeed not operational, then the buyer has the remedy of getting it fixed as it is still under warranty.

Ignore his e-mails, but if you get served with a lawsuit, do as I stated above. I really don't think you have anything to worry about.

 

[Elaine1977]

Actually, the buyer could file in his/her state.

Then Elaine1977 would need to contact the court and go for a dismissal because of improper venue.

I don't think it is going to get that far...

I agree that the buyer is just having remorse that they paid that much. You don't even know for a fact that it doesn't work.

If it is indeed not operational, then the buyer has the remedy of getting it fixed as it is still under warranty.

Ignore his e-mails, but if you get served with a lawsuit, do as I stated above. I really don't think you have anything to worry about.

Thanks Happy Trails for the advice....just so I understand right, if he does serve me it is possible to get the case dismissed under "improper venue"...what does that mean, improper venue? If he does serve me, what is the cheapest route as far as a lawyer is concerned, or do I even need a lawyer?

Elaine

 

[Happy Trails]

Thanks Happy Trails for the advice....just so I understand right, if he does serve me it is possible to get the case dismissed under "improper venue"...what does that mean, improper venue? If he does serve me, what is the cheapest route as far as a lawyer is concerned, or do I even need a lawyer?

Elaine

I really don't believe it will get that far, but to answer your question. The buyer made a deal with you and you reside in Florida, so that would be the proper venue (place to file the suit).

So if you do get served, you would make a motion that the case get dismissed because the Illinois court has no jurisdiction to hear the case.

Then if the court agrees, the case will be dismissed and the plaintiff would have to file in your state.

That is if he chose to continue his senseless case.

 

[Elaine1977]

Thank you so much for your insight Happy Trails...I really appreciate it and I hope his threats are just empty ones. I am not worried about losing a trial, I just don't want to deal with the hassle and stupidity of it.

Elaine

 

[peanuttt118]

With the last email I stated since he had legal counsel already I would be glad to discuss the matter with his lawyer either via phone or email to find out more information on what charges he intended on pursueing. I haven't heard anything since that email, at least not yet????

Elaine

Elaine!! whatever you do, do NOT, I repeat, DO NOT speak to HIS attorney!! Get your own if you need to, but never ever talk to opposing council!!!!

 

[Elaine1977]

Elaine!! whatever you do, do NOT, I repeat, DO NOT speak to HIS attorney!! Get your own if you need to, but never ever talk to opposing council!!!!

Peanut,
Is it that he could use what I say against me...that makes sense? I was really just trying to "call his bluff" so to speak by making that suggestion.

Elaine

 

[Elaine1977]

Another Question:

Is it okay if I limit the amount of time that I will offer the exchange. The other new unit that I have for the exchange I would like to sell if he doesn't want it. I haven't heard back from him and he has more or less refused the exchange anyways in previous emails saying that wasn't good enough and that he was going to sue regardless. I have a gutt feeling since I have more or less put my foot down in the last email concerning the refund that I probably won't hear from him anymore....but as we all know assumptions can get us in trouble.

What is a resonable amount of time to hold on to the exchange unit? Should I give him 30 days or something? Should I email him with some sort of expiration on the exchange offer? What is the safest way to go about it?

Elaine