Legal Question in Criminal Law in New York

being wrongly accused of theft and selling forged goods

Dear Sir or Madam,

I sold quite a few items on e-bay that were gifts from my ex, most of which were designer bags, one of them was a dog carrier. The buyer for the dog carrier said that she thought the carrier was fake and filed a claim with paypal for a full refund. The claim is still under review. To be best of my knowledge I did not send her a fake bag, and I am afraid she might switch bags on me and return a different bag than the one I sent her. Later I sold a Chanel purse, and the buyer sent a money order overnight, but before the money order got here, she started questioning authenticity and decided she did not want to continue with the transaction. She asked me not to send the purse and to do a return to sender on the envelope that supposidly contained the money order. When it arrived here my concierge signed for it, but, without my knowledge, the buyer was attempting to stop delivery and could not do it because the concierge signed for it. She claims that the concierge said I told her I wanted the package, which is not true, it is the building's policy that the concierge signs for it. I never picked it up and it got returned to sender by the concierge. She now claims the MO was not inside of it.


Asked on 7/15/06, 11:49 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: being wrongly accused of theft and selling forged goods

Ebay is fun, but you never know what kind of person will bid on your items. That is a risk.

You can accept this outcome and the negative feedback, or send a refund as a loss. Ebay will not take any action.

Legally, when you represent a item as having a particular characteristic (for example, authentic and not imitation chanel) then you must deliver an authentic. If you do not, then you must return the money. Unless you knew the bag was fake before you sold it, there are no other legal consequences.

Regarding the lost money order, the money order has serial numbers and the person who deposits or otherwise cashes in the money order can be determined by the issuer of the money order.

If you never cashed the money order, then the sender has no recourse against you.

This is just unlucky for you in your ebay experience.

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Answered on 7/17/06, 1:47 pm


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