Legal Question in Business Law in California

bought a printer on Ebay

We received a plotter that does not

work. 1. The model number in the

advertisement is different from the

actual plotter received (C2859A was

in the ad, we received mocel

C2859B). 2. The plotter does not

work, the ad stated it had

maintenance and checked out and

was in working condition. 3. Not all

that was listed as part of the

purchase price was shipped, we are

missing a parallel printer cable. 4.

We received this item with the box

opened at one end. 5. There is a

broken part, the paper does not

automatically feed. I spoke with the

seller of this item, he stated there is

no difference between model

numbers and the plotter worked

when he shipped it. He stated that

the picture of the item was a stock

photo. The stand was also torn up.

What can we do to recoup our

money?


Asked on 11/06/07, 7:35 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: bought a printer on Ebay

Try to resolve it through eBay, because if you can't you'll have to sue. Assuming it was under $7500, bring the suit in small claims court.

Read more
Answered on 11/06/07, 11:49 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: bought a printer on Ebay

Potentially, there are four lines of recourse, but as a practical matter maybe non will work satisfactorily:

(1) Most obvious is a claim against the seller for breach of contract. Expensive, time consuming, and it isn't at all certain you can prove any damages against the seller's defenses.

(2) Is this damage in transit, at least in part? Maybe you can file a claim against the carrier.

(3) If you used a payment service such as PayPay, they might have some satisfaction guarantee program that would cover some or all of your claim. (I don't know).

(4) The eBay dispute-resolution service may have enough influence over the seller, or the threat of negative feedback alone might be useful. That is the 21st Century equivalent of reporting a merchant to the Better Business Bureau, a threat I remember my mother making from time to time when I was a kid.

Read more
Answered on 11/07/07, 11:44 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: bought a printer on Ebay

Situations like this are why eBay recommends that its customers use an escrow service.

If the transaction was recent you can report it to eBay's dispute resolution program. Otherwise, you may have to sue the seller. You may have to do so in the seller's local court, even if it is in another state or country. I would need to know more about the transaction before I could make any specific suggestions.

Read more
Answered on 11/06/07, 8:25 pm


Related Questions & Answers

More Business Law questions and answers in California