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eBay seller is saying he will take me to small claims court.

Discussion in 'Small Claims & Municipal Court' started by Woodsz, Jul 24, 2019.

  1. Woodsz

    Woodsz Law Topic Starter New Member

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    Hello,

    I need some help. I purchase items on eBay.

    I accidently placed a $700 offer for an item that should only cost $70. The seller accepted the offer and is now trying to force me to purchase the item or else he will take me to small claims court.

    I sent a cancelation request seconds after I made the mistake and told the seller I made a typo in the price.

    The seller decided to ship my item even though I said I wouldnt pay for it. He is saying I owe $700 or he says I can pay half for him to cancel it.

    I don't have the item yet.

    The seller is in another state.

    What should I do?

    I already contacted eBay and they said there is nothing to worry about and I would not have to pay for the item if I received it.

    Thank you kindly,
     
    Last edited: Jul 24, 2019
  2. adjusterjack

    adjusterjack Super Moderator

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    He's probably blowing hot air. Just make sure you send the item back. DON'T KEEP IT.
     
    Michael Wechsler likes this.
  3. Woodsz

    Woodsz Law Topic Starter New Member

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    Thanks adjusterjack!

    Should I make him pay for the return shipping?

    But what if he decides to actually take me to small claims court?
     
  4. adjusterjack

    adjusterjack Super Moderator

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    I doubt you can "make" him do anything. Just ship it and be done with it.

    Then you defend. I doubt if any judge will make you pay $700 for a typo. Don't sweat it. Stop talking to the guy. Block his calls, texts and email. Don't open the package when you get it, just put a new label on it and get it gone. Keep your receipts and delivery documentation on your computer forever.
     
    Michael Wechsler likes this.
  5. army judge

    army judge Super Moderator

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    It might be easier if you simply refused to accept delivery when the delivery service comes to call.
     
    Disabled Vet, Zigner and mightymoose like this.
  6. Woodsz

    Woodsz Law Topic Starter New Member

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    So I ship back the package to the seller and he says he did not receive the package? Would that be on me?
     
  7. mightymoose

    mightymoose Moderator

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    If you are present when the item arrives inform the carrier that you refuse delivery and to return the item to the sender. In this case you never received it and have no responsibility. Otherwise, if it is left at your doorstep or something, return it with delivery confirmation.

    Don't worry about being sued. The seller is far away in another state and had no chance of success anyway. I suggest you avoid further communication.
    I believe ebay has a written policy on this sort of matter. I recall looking it up years ago. The faster you contacted the seller to report the discrepancy the more they will support you. Mistakes happen.
     
    Michael Wechsler likes this.
  8. zddoodah

    zddoodah Well-Known Member

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    That's not for anyone here to say, but I doubt that you'll be held to a bid containing an obvious typo when you notified the seller about it "seconds after [you] made the mistake." Of course eBay's terms and conditions will play into this, and I haven't read them in a long time.

    Agree.

    Then you'll deal with it. What state is the seller in?

    And what it an alien shoots its lasers and destroys the package? Why worry about remote hypotheticals?

    Agree.
     
  9. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I agree with all of the above even though I generally don't trust what eBay operators may tell you, although it's probably accurate. To cover yourself, send an inquiry into support to confirm your understanding of what you were told.

    You should be fine refusing the package but you should probably confirm with eBay as opposed to the good people here. I made this mistake once when a dishonest seller didn't ship anywhere near on time and I sent several notices including informing him not to ship. eBay didn't credit me back because they claimed that their buyer protection policy required me to accept the item so that they could issue me a ship back label. Made absolutely no sense. I had to go to Paypal to get them to refund my money after both eBay and Paypal decided that the Seller was dishonest and in violation of their rules. Good luck, you should be fine.
     

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