Legal Question in Criminal Law in California

Fraud and Deliberate Misrepresentation of an Item to be Sold

I listed a diamond ring on eBay as a No Return. Before the winning bidder would send me a money order, she insisted I write her a ''guarantee'' that the item was as I described in the auction. Now she has the ring and is claiming it was not as described. She seems to think that the ''guarantee'' I wrote is her ticket to frying me.

It was not certified, nor did I ever claim it was. I estimated what the color/clarity of the diamond was by researching diamond grading on the Internet.

Does she have a leg to stand on?


Asked on 3/11/02, 12:14 am

1 Answer from Attorneys
Victor Hobbs Victor E. Hobbs

Re: Fraud and Deliberate Misrepresentation of an Item to be Sold

The law turns on the facts. And the only way a determination will be made about misrepresentation is to have the matter heard by a judge in a court of competent jurisdiction. I'm not familiar enough with E-bay to know what dispute resolution procedures it has available, if any.

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Answered on 3/11/02, 5:51 am


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