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Online Sell/Purchase of goods, terms of agreement not honored

Discussion in 'Alternative Dispute Resolution' started by KARiddick, Mar 18, 2018.

  1. KARiddick

    KARiddick Law Topic Starter New Member

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    Jurisdiction:
    Michigan
    Son sold appeal ( Shoes) over internet through 3rd party Grailed Feb 7th 2018 to customer located in Florida for the purchase price of $600.00. Items in question were made, funds were submitted for payment. Recipient of shoes requested refund, refund submitted - however shoes have not been returned to date. Son issued complaint to Grailed, recipient was banded from site, police report filled to retrieve merchandise, however no further action has been initiated. Please advise relative to next steps to retrieving shoes and/or original asking price for merchandise. Thank you for your assistance.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Obviously, your son should have required the return of the shoes before making the refund. The police have better things to do than get involved with breach of contract issues which is why he is unlikely to get anywhere with that..

    Your son will have to sue in Florida where the buyer is located. He will have to appear in court and he won't get awarded any travel expenses or lost earnings.

    The alternative is he kisses the money goodbye and accepts the life lesson from the school of hard knocks.
     
    Michael Wechsler likes this.
  3. army judge

    army judge Super Moderator

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    At this point the options are few.
    As suggested, if the SELLER wishes to attempt to secure the "gone missing" shoes, SELLER will have to sue SCAMMER in small claims court in Florida.

    As the SELLER appears to reside in Michigan, pursuing the $600 is going to cost at least $600 to $1,000 (probably more) to travel to Florida two or three times to prosecute SELLER's case in Florida.

    Even IF the SELLER were to prevail, SELLER would then have to endeavor to collect against the judgment.

    In the future, NEVER hand over the moola until you have the goods (in proper working order and pristine condition) in your possession.
     
    Michael Wechsler likes this.
  4. KARiddick

    KARiddick Law Topic Starter New Member

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    Thank you so much for your response, so disheartened that little SCAMMERs are able to get away with out right theft/ larceny with no consequences or accountability for their actions and there is nothing the goods guys can do.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    There is always something the good guys can do.

    They can use common sense and take precautions.

    Yet, one still has to accept the risk of selling stuff on line.

    The few times I have sold something to somebody in another state I have insisted on a money order which I cash before shipping the item. I don't get burned that way.
     
    Michael Wechsler and army judge like this.
  6. army judge

    army judge Super Moderator

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    I live my life by several maxims and mores.

    Paramount among the maxims guiding me is TRUST NO ONE, or as former President Reagan once said, "Trust but verify."

    In the aforementioned transaction, require the unwanted item to be returned to you, BEFORE you issue the refund.

    As far as any government is concerned, our ancestors crossed oceans and continents without governmental intervention by being self sufficient.
     

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