Legal Question in Consumer Law in Georgia

ebay buyer renigs on purchse demands refund

Ebay buyer renigs on purchase and claims nonreceipt of item. Buyer provide with tracking confirmation number and buyer then calls FEDEX and refuses delivery of item and places RTS. Buyer's payment was slow to post and clear bank taking 7 days after auction closed. Seller had death in family and emailed buyer as to slow payemnt and death for dealy in shipping. Buyer did not respond until June 11th. Item shipped out on June 12th however the email demanding transaction refund did not get received until later that night on June 12th. Terms of ebay auction listing states that 15%restocking fee charged for all refunds as well as buyer being responsible for all shipping handling to and from seller. Buyer did send email dated June 11th however email not discovered until after item shipped therefore unable to mitigate losses. The buyer had my cell phone number. Buyer opened false PAYPAL dispute which is currently under appeal. I opened nonpayment of item dispute with EBAY due to incomplation of transaction. Buyer threatens lawsuit and criminal action if full refund not given by MOnday Juy 23. Paypal awarded a partial refund to buyer of 200 because she didnt actually recieve the item. FEDEX states buyer refused delivery. Refund full?


Asked on 7/23/07, 2:23 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: ebay buyer renigs on purchse demands refund

An honest seller who delayed shipping is at fault, so the right thing if you're truly honest, since the refund request was sent before you shipped and you were negligent not to read it, is to have done a refund right away. As a pratcical matter, your reputation will be trashed in feedback (deservedly) if you do not.

Legally do you have to? It depends on the details of your listing and the email, etc. but it sounds like you owe 85% of the total less shipping.

Again, an honest seller handle this better than you did and do a full refund.

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Answered on 7/23/07, 5:16 am


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