Legal Question in Consumer Law in California

I purchased a high value item that was certified and grade by a third party on Ebay. It turned out that the item I received was tampered with. The case that enclosed the item was cracked open and a lower quality item was inserted. The lower quality item is worth about $200, while the higher quality item that was represented is worth $3000. None the less I received my money back from Paypal. I followed their instructions on returning the fraudulent item via certified mail. However the seller moved without any forwarding address. Paypal advised me that the low quality item was mine to keep.

My question is based on California law, how long must I keep this item before it�s legally mine? Base in mind that both the seller and I resided in California when the transaction took place. So I imagine California Law would govern the answer.


Asked on 8/13/10, 7:19 am

2 Answers from Attorneys
Joe Marman Law Office of Joseph Marman

Same thing happened to me. Your only remedy is to sue the seller, and since you can't find hiom, you are probably out of luck. You can send a new address request to the post office, and perhaps, the seller posted a new address.

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Answered on 8/18/10, 8:18 am

I guess Marman is too dim to read your question, since you said you got your money back. Considering the seller was perpetrating a fraud, I would highly doubt they will ever come looking for the junk they sent you. Especially since you could then go after them for the difference between your purchase price and the value of the item as promised. If that is $200 or more, you can just keep the cheap item or sell it as partial compensation for your damages. In any case, they cannot come after the item more than four years after you received it.

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Answered on 8/18/10, 3:28 pm


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