Legal Question in Business Law in California

buying selling on Ebay

Hello

I sell 2 painting on ebay last month. This lady bid on the prints..and she bought both. I put all the discription of the painting that I got it from the storage unit.. I had no idea about these prints.. this was the painting from dov Little.. One of them got number in the back the other dosent I have all the discription..and I put that one ebay.. I called the art gallary and collected all the information.. she bought it and I send her the paiting.. with the insurance.. Now she is taking me to small claim court and she is saying that she is did not like the painting was broken and the painting was miss represeted.. the cost of the paints are 800to 1000 dollar and she bought both for 655$.. and now she is sueing me.. she lives in indiana and I live in LIvemore CA.. I dont know what to do..please email back ASAP.. I need your help.. I took both of the painting to the mail box and etc to be boxed profisionaly..and I have the picture before i send it and it was not broken or anything..thank you .--name removed--Noori


Asked on 9/24/02, 8:13 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: buying selling on Ebay

The first thing you should do is use the dispute resolution procedures set up by eBay. With the parties in different states and the small amount of money involved, this is unlikely to get into the court system and frankly doesn't belong there. Try for an informal resolution under eBay rules and/or e-mail negotiations with the other party. I don't know about Indiana's small-claim rules but I doubt the other party can successfully sue you from there, at least without going to more trouble than it's worth.

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Answered on 9/24/02, 8:40 pm
Karla Shippey Law Offices of Karla Shippey

Re: buying selling on Ebay

E-bay has a dispute resolution procedure for parties. This is matter should be brought up to them. As a California lawyer, I cannot speak for the small claims court rules in Indiana. In California, the small claims court would probably not be the proper forum in this case. You do not mention whether the Indiana lady has returned the paintings to you--even if damaged--but you do indicate that you had insured them. If they were damaged in transport, you should claim on the insurance. My suggestion would be to try to come to an arrangement without getting legal counsel involved--you probably won't appreciate the cost.

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Answered on 9/25/02, 11:54 am


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