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Wed 13 Jan, 2010 06:00 pm
I have paid for an item on ebay, and the seller refuses to ship. He has offered me a refund, but I don't want a refund--I have already paid for the item, so I own the item. He cannot force me to let him buy it back. It isn't ethical. To me, it is the equivalent of theft.
My question: Is it legal? Can I pursue this legally, and obtain possession of the item that I own?
To complicate things, I live in the US, and he lives in Canada.
Any thoughts appreciated. Currently, my hope is to simply get the item through the threat of legal action.
@SCoates,
Contact Ebay. Ask their advice.
@SCoates,
If he is willing to give you a full refund there is not anything you can do other than leave negative feedback. Ebay considers a full refund acceptable when a item is not available. I once broke a sold item as I was packing it up and contacted the buyer as to the problem. I apologized and told them I would return all their money. We made a friendly agreement not to leave any feedback.
@SCoates,
as long as you purchased it through e-bay and not as a side deal, you will have recourse through them.
good luck.
@edgarblythe,
They don't handle legal issues. They can only refund me, but the item is worth far more than I paid for it. A refund would be like a 30 dollar hit, but right now I'm more interested in the principle.
@Green Witch,
Green Witch--I know ebay's policies, but I don't know what the law says. In this case, he simply wants to sell the item to someone else for more, because I won it for so low.
I don't believe he should have the right to make the decision to refund me against my will.
@SCoates,
I have to go along with Edgar. I'm sure that since he has accepted payment, he is legally bound to ship the stuff, but unless there is an extremely large amount of money, or a must have, unique item involved, I doubt there would be an economically practical legal remedy. Save all corrospondence, of course.
Good to see you back, SCoates.
@SCoates,
suing over principles is for wealthy men.
$30, good grief.
@Rockhead,
It's theft. If someone mugged you and stole thirty dollars, you would address it legally, even though it was a small amount of money.
@SCoates,
I'd lobby my congressperson to set up an invasion of Canada.
Legal, fuggedaboudit - it can't really be that valuable an item and it may well be unenforceable, cross border and all that. Was there any reason given for non-shipment?
The greatest penalties that may be heaped on would likely come from Ebay, who really don't want to get a rep for allowing done deals to come undone.
Follow Edgar's excellent advice.
@SCoates,
You would have to take this fight outside of Ebay. Ebay only cares that you get your purchase price back. Hardy worth the effort.
@SCoates,
Contact the resolution center, the seller and buyer are supposed to settle through the resolution center in a 'case'. It also says that the buyer has to agree to accepting a refund, which you don't. Hope something works out for you! I really think since you paid for it you should get the item.
@JTT,
JTT wrote:
I'd lobby my congressperson to set up an invasion of Canada.
That's the smartest idea I've heard so far
@Mame,
You mean you
want my government? Maybe we can work something out a bit more amiably.
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