Ebay/PayPal Dispute

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lardca

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6/7/07 I purchased an item (trolling motor) on eBay. Seller (NY) listed specifications and stated 'mint condition.' When it arrived (CALIF) it had scratches, broken parts, and unworking components. AND, the size and functions were not as stated in the auction making it unusable by me. I explained problems to seller and sent photos of damage. I've included 2 of the photos here. There are other broken parts not shown in the photos. Seller acknowledged misinformation but denied damage. Claimed I did it. Totally untrue and I have witnesses to atest to that. Seller agreed to refund purchase price but not shipping cost I paid. They also refused to pay for return shipping ($100.) I filed a dispute with eBay/PayPal. Seller escalated it to a claim asking Paypal to resolve it. PayPal decided that the seller would refund the amount I paid (including shipping) but, I would have to return item in 'original condition' at my expense within 10 days (by 7/18.) Some scratches could possibility (but unlikely) have happened during shipping but not the broken and unworking parts. I suppose a damage claim could be filed with DHL but I don't believe they caused it. Besides, only the seller can file the claim. I cannot. The seller is at fault here. I did not contribute to the problem in any way. I did not misrepresnt the specifications. I did not damage it. I don't believe I should have to pay anything at all. What steps can I take now? It's a bit urgent given the 10 day window.
Thanks
 
I've been throught the ebay claim process numerous times...it sucks on either end. Unfortunately, its in your paypal agreement that this is the way the show gets handled - you get a refund, but have to pay to ship it. Ship it the cheapest method possible. You have 10 days to ship it, not 10 days for arrival. All you need to make sure to do is have a tracking number to prove shipment, and make sure you get a signature if the item is valued over $250. Don't worry about any scratches or shipping damage, because paypal assumes it was sent to you like that because they are closing the claim in your favor. If you have any other questions as to how any claim process should be handled, call up paypal, say "claims", then "agent" once you get to the prompts and you will be connected to a live person.


Essentially, you could take the person to court for a complete refund, but the cost of the court really outweighs paying to ship it. If that is the route you want to take, you would need to file a case in your local small claims court. According to a similar case, a New Jersey ruled jurisdiction is in your own area because you cannot choose where your buyers come from, but the buyer does know where the seller it at.
 
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