Some Legal advise .... for seller on ebay

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Sir Slash
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Some Legal advise .... for seller on ebay

Post by Sir Slash »

This is for a WORKING Sony Mavica MVC-FD83 Camera !!!]

Comes with battery charger and carrying case!!!!!!!

FEATURES

- Optical Zoom 3x / Precision digital zoom x6

- Image file and Disk copy (uses standard floppy disks)

- Audio and video output Both NTSC and pal formats

- MPEG movie mode

- AV OUT

- Picture effects



I have had this Camera and enjoyed it for quite some time, however i recently had a birthday and recieved another one ... so i'm selling this with orginal box and carrying bag!!!! The Lcd screen on the back no longer works but in no way effects the cameras ability to take pictures( thus working), and should be rather inexpensive to replace.

I suggest you read some of the "HONEST" descriptions. Cracked lcd screen. LCD screen broken and that's just two current ones. Negative feedback on ebay is just icing on the cake. We live near each other... I would just make things really miserable and let my attorney sue you..that should easily cost you much more. He's on retainer no more no less to me.
Just for your information used LCD screens are $145.00 to $165.00 and then an average of $65.00 labor. I have now called 4 different facilities for quotes, but I'm sure you already knew that.
Do this like a gentleman should, and refund the money. You were absolutely wrong. Read the others that are not working properly.
If this is not settled by Sunday, I will be forced to proceed Monday A.M.
Sincerely
Steven D. Corlin
the first is the item as listed on ebay, the second is the guy trying to sue me. Whats your opinion?
Last edited by Sir Slash on Fri Apr 16, 2004 1:26 pm, edited 1 time in total.
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Post by ian »

tell him to get stuffed! :)
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Post by mozie »

Well you did state that the Lcd screen was'nt working and that it should be inexpensive to replace. So why did he purchase the item if he already knew that, there's no way he'd be able to sue you. tell him to **** off and leave him negative feedback
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Post by az_bont »

Well, one could argue that he may have thought that the screen was repairable by opening it up and tinkering with it, and that you should have made clear that the screen was cracked. I would have said that you could have simply added "...because the screen is cracked" when explaining the the screen was non-functioning.

That said, I wouldn't say you're in the wrong. You weren't trying to be misleading, and you made it quite clear that the camera's LCD didn't work.

He just seems to be stirring up trouble, and I seriosuly doubt he is serious about taking legal action.
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Post by Lartrak »

He's a dumb**** for buying a camera if he thought the screen would be cheap to replace. It's a damn SONY, ACTIVE MATRIX LCD screen... The only error YOU made was saying it *should* be inexpensive to replace (well, you probably SHOULD have said it was cracked, but that's not really ESSENTIAL - if he wanted to know WHY it broke, he should have emailed you) - but you didn't say you knew anyways.

Tell him you're sorry, but you clearly stated the screen wasn't working in the auction, and that there is nothing you can do.

Edit to add - Personally, I probably would refund his money, but that's because I'm a nice guy. He doesn't deserve to have it refunded.

Also, you're definetly not at fault here. Court costs are ludicrously high, so you should keep that in mind if you were to lose.
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Post by Sir Slash »

after lookin
it would have to be in small claims court where he could not have a lawyer do it.
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Post by Warmachine »

I would tell him you read what you got. You said the screen was not working and the screen is working. I got screwed over like that with the need for speed underground. In little writting he wrote codes and it was to late. What did I do? Nothing but pay him less.
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Post by MKE »

this happend to me a while ago also, a guy bought a broke ps2 and because i didnt have " you are buying this as is and there will be no refund's" in teh auction he thought he could turn me in through ebay, so he tried.........Ebay told him the same thing i told him.

he did get the item described in the auction., in my case the item was broke and that's what he got, and in your ase It is infact working, and the screen does no longer work, so there really isnt anything he can do.

and for the whole the screen would be inexpensive to break, tell him that 150$ is cheap to you, and that's what you were thinking of when you were listing the item.

i would tell him to take all the legal action he want's to take

just because you will win in the end, i mean you think 150$ is just pocket change, you have enough money to afford an even better lawyer, and the money to drag the "case" out until he nolonger wants to pursue it. what else can he do, he already left feedback through ebay so he cant do anything that way........... that would also waste ton's of his time and probably some money also.


you did leave a response in your feedback saying that he got the item as described, right?
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Post by Falcon McCooper »

Yep, I'm with the others. Literally tell him to go stuff himself, if he already left negative feedback. He can't do anything about it, and he's just being a total asshole.

So go right ahead, tell him confidently to go f*ck himself, and be done with it (after leaving horribly bad feedback). People like that shouldn't be allowed on eBay. And if he does bother to take it to court (OH PUH-LEEEZE!!!), feel confident that the judge, or whomever takes care of baby crap like this, will die laughing before he can even say you're in the right ;)
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Post by Vchat20 »

agreed. tell the mofo to take a flying f*ck where the sun dont shine.

seriously. you stated the lcd screen didnt work, so he got what he payed for. simple as that.
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Post by Cn'Fused »

Check the eBay rules and regulation regarding this if you want to be completely sure you're off the hook.
I remember someone selling off a PS2 box (no console) for the same price as a PS2, and got away with it because the bidders failed to read the description of the product before buying it.

He can give you all the negative feedback he wants, but if he's in the wrong then it matters little...
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Post by Veggita2099 »

Sounds like a bluff to me. And if he sues you over it he will have to put the money up front. And if your auction said it was defective your in the clear. Just make sure to make yourself some hard copies of everything related to this auction.

I recently had a little problem with Ebay with some stupid bitch that won a couple of xbox games. The auction ended march 18th and I immediately sent her my winning bidder e-mail. This e-mail includes the exact same information my auction states as far as methods of payment I accept, etc. I never did hear from her. So after 7 days went by I e-mailed her the same e-mail gain...still nthing. So 10 days went by I filed a non paying bidder warning.

This warning does not effect a users account in any way, it is just a formal email from ebay taht tells them they need to pay. It is also required if the seller ever plans to get there seller fees back if they don't get paid. At this point she responded to me and said payment would be sent ASAP. Well 7 days go by and I had received nothing. So I e-mailed her and she said she was sending payment. She then sends me a payment through paypal that is funded by a credit card. My auction, along with every e-mail I sent her stated very clearly I couldn't receive credit card payments through paypal.

So I rejected the e-mail and explained to her why I couldn't except it. Finnally, 28 days after the auction ended I had heard nothing else from her after declineing her payment. At this point I wanted to help her out since she was new and not hurt her account. I requested my seller fees back and listed my reason as seller/buyer agreed to not follow through. I could have just as easily said she didn't pay which would have hurt her big time, but I was nice and didn't.. I was also nice enough not to leave her a negative feedback since she did try to send payment. So I e-mail her and explain all this to her. Since that day I have gotten a bad feedback from her and 4 e-mails saying I am being a prick and very rude to her. She is also trying to say I never e-mailed her, even though I have proof she did. I have contacted e-bay trying to explain its false information in the feedback, but since it is mostly opinions I doubt they will do anything.

I sent her another e-mail telling her I didn't appreciate her attitude and explained again in 2 paragraphs how I did everything I could from hurting her account. Finnally today I get a e-mail from her telling me to leave her alone she is going to contact e-bay if I don't stop harassing her. It also said quit being such a damn prick.

If anybody was harassing it was her, and I have the 4 e-mails she sent me that are basically nothing but childish name calling. I really REALLY hate stupid people. Try to cut them a break and this is what you get.
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Post by Sir Slash »

yeah... this guy had being buggin me to do local pick up and quite honestly i think thats kinda the unsafe way to do things... i mean he wanted to pay cash which isn't traceable and safety issues ... hes been a real pain since the begining....
See you in court. You should read the honest descriptions. I have printed yours and about 5 others to show their honesty. I guess there is no need to wait until Monday, I'll have him start process today.
Good Luck
he trys again
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Post by Lartrak »

As long as we're sharing stories... A guy bought something from me, I shipped it in less than a week, he got mad that I took so long, and then he got mad that I left him positive feedback that wasn't POSITIVE ENOUGH, and claimed he was going to make a shill account just to win one of my items and leave me negative feedback. Never did though.
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Post by Sir Slash »

so i responded and i feel i was more then fair
You Sir cannot blame me for your mistake, you had 7 days in which to contact me if you had any questions, concerns or comments on item 3807689065. Your party chose to disregard that option thus leaving me responsible for nothing more then the terms and description stated in the auction. If necessary I will take all actions needed, I have lawyers and you will leave me no choice but to bring them to this situation. I also will contact the police if you threaten me again and file a restraining order if necessary, I have been more then fair, I shipped the item out immediately as you wished and put insurance and delivery confirmation (Which you were not charged for ) . I will offer you the sum of $25 in return if you want to settle, and you can keep the camera, which I only offer because I'm being a gentleman about this.

You can only sue in small claims court which will not allow a lawyer and will be a waste of time for the both of us. I have in no way violated the terms and agrements listed within Ebay nor paypal. You also have the option to choose to recieve Paypal's buyer protection that offers an extension of PayPal's Buyer Complaint Process. Under PayPal Buyer Protection, when you use PayPal to pay for a qualified listing on ebay.com, ebay.co.uk, or ebay.ca you are eligible for up to $500 USD of coverage at no additional cost. PayPal Buyer Protection covers non-delivery of items and items that are significantly not as described. However again you chose not to use that protection. I am being more then fair to offer any refund at all and this is my final offer. A cracked screen is a Lcd screen that no longer works but in no way effects the cameras ability to take pictures.

AS ebay quotes "If you need more information before buying an item, be sure to ask your seller a question"
Sincerely
Ebay user [BLANK]
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Post by ian »

swish sir slash very swish :D
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Post by Rand Linden »

Another fine example of why the legal system in the US so hideously broken.

It's clear from the posts you included that neither of you two has a lawyer, but for some reason that escapes most rational people, both of you believe that the mere threat of calling one will actually accomplish something.

If it were me, I'd not have written back to this person offering $25 to go away -- that's effectively reinforcing his poor behaviour and showing him that if he whines about whatever he's recieved and then threatens to sue, he'll get something positive in return.

That kind of abusive treatment shouldn't be tolerated, period. And it certainly doesn't help matters to write back a letter that starts off reasonable and ends up warning that the police will be called... What exactly would you expect the police to do?!

It is precisely this kind of experience that gives EBay a bad name and reputation, and exactly why many people (myself included) won't use EBay at all -- you never know what kind of weasel is out there, and because there is so very little protection offered to either party, it's a huge gamble for both sides.

The simple fact is that if you're an honest person, that's a disadvantage when dealing with dishonest people -- as idiotic as that sounds, it's true -- and the only reasonable solution is to not deal with them at all if you can't afford the repercussions of coming across someone who screws you over.

There's a huge difference between purposefully selling a PS2 box with the intention of screwing some poor soul who didn't realize what they were buying, and saying that "the LCD is broken, but the rest of the camera works."

Your listing clearly indicated that the LCD didn't work and he chose to purchase the item anyway -- it's unfortunate that his understanding of what "no longer works" means doesn't match with yours, however, it also doesn't mean that you in any way decieved or misrepresented what you were selling.

If you didn't state that the LCD was broken or non-functional anywhere, that would be a very different story -- but you make special mention of the fact that the rest of the camera still works, and it otherwise takes pictures just fine. If that's the case, your conscience should be clear.

My guess is that he saw your camera, bid on it, paid and received it, and then saw a couple others just like it -- but the bidding wasn't as high, or the LCD worked, or for some other reason he didn't want what he bought anymore, and he's unhappy now.

Boo hoo.

If you're happy with the price after sending back $25, there's nothing inherently wrong with that either -- But if it were me, I'd write back and say that after reviewing the EMails and Ebay's policies you aren't willing to pay him off to go away. He's more than welcome to pursue it further, but the item was listed without any misrepresentation or deceit, and he knowingly chose to bid, purchase, receive and accept the item as listed.

Of course, you will need to check EBay's policies to ensure that you are infact within the guidelines, but hey, if someone could sell a box, you're certainly within reason to sell the camera as you did.

Finally, if this guy really had an attorney on retainer, he wouldn't be worried about bidding for a camera with a broken LCD on EBay -- and his "attorney" will tell him so (right before he explains the nature of small-claims court), should he exist and should this whiner call him up.

Even attorneys who are good friends of people won't bother to start something as petty and lame as this would be -- It's frankly something I'd expect to see on those TV court shows being laughed at by the judge, bailiff and the audience at the same time.

Sorry that this rant was a bit long, but it's important that society as a whole work to stop that type of shallow, antisocial behaviour before it becomes an acceptable way of dealing with people.

Rand.

edit: This guy states he called around to repair shops to get quotes -- clearly that's something he should have done *before* buying the camera, and if he didn't, that's not your fault.

Also, it's not reasonable to expect that you would have any idea how much it would cost to replace the LCD -- clearly you didn't replace it, and it's not your responsibility to find out that information -- it's his.

Finally, AFAIK, courts aren't open on the weekend -- so even if he had so much money that he just liked to screw people over for the fun of it, clearly he has no clue regarding lawyers, court, or attorneys.

Again, I'd not offer him anything, and might even take it one step further and report HIM to Ebay.

Either way, I seriously doubt you'll hear from his "lawyer", and I wouldn't give it any more thought or time until warranted -- i.e. never.
Last edited by Rand Linden on Sat Apr 17, 2004 7:55 am, edited 3 times in total.
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Post by Veggita2099 »

I wouldn't have offered him that $25 for the simple fact of how nasty he has been with you.
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Post by GoldbergWWE »

Ignorance on the buyers part is not a viable defence for him. He should have priced the LCD screen cost for repair/replacement before buying the product. He sounds like a kid having a temper tantrum when his toy breaks. I like your response though.

-G

Edit: Rand edited his post as I posted, so i didnt mean to say the same thing lol :o
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Post by Sir Slash »

Thank you for your input Rand

and now i regret offering him anything

the fact he lives so close to me isnt comforting and i merely wanted to try to scare him off from bothering me any further, this incident forces me to completely change my seller policies and possiblely no longer use this as a tool to sell. Perhaps i should have been more indepth...though i stated what i knew about it. I have a 267 feedback posts and have 3 negatives 1 being from a seller. Another is from a lady who bought a japanese title off me and realized she couldnt play it and blamed me after clearly stated in the auction "make sure your system can play J region games"
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