Legal Question in Business Law in California

I was selling iphones on ebay. Now, one customer bought one and paid through paypal. I sent the money and the shipping address to my supplier. However, they sent him a shirt instead. He returned the shirt to me expecting a full refund. Am I reliable to refund him or is my supplier? My supplier is not responding to my email. I have proof that I sent the money over as well as the order request. I'm not out there to scam anyone, which is the impression I have getting from my buyer. The buyer wants to take me to court and have me pay for his attorney fee.


Asked on 1/05/10, 1:50 pm

1 Answer from Attorneys
Melvin C. Belli The Belli Law Firm

This is your problem that you need to take care of, then you can sue your supplier. Your customer had a contract with you not your supplier which you did not fulfill.

Your supplier is liable to you, but that doesn't effect your responsibility to your customer.

Make the refund to your customer before you look even worse and go after your supplier.

Remember it is better to sue than be sued.

Good luck and hope that helps.

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Answered on 1/10/10, 8:55 pm


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