Legal Question in Consumer Law in Ohio

threat of lawsuit re ebay transaction

Sold rolex watch on ebay. My opinion, accurately described. Seller sent $$. Calls 3 days after receipt. States that I sent a fake. I refuse refund, reason: sent what I believe to be real, accurately described (incl. serial numbers), auction terms FINAL SALE AND AS IS. no express guarantees or warranties. I don't want to accept a possibly tampered watch, buyer states he is a watch dealer or something. Buyer consults attorney (loc. Ohio). Att. sends demand letter: full refund ($2800), states misrepresentation and fraud, violation of UCC, non-compliance = civil action, crim. pros. thru Att. Gen. Office, and contact US Just. Dept. I don't have $$ to refund full. Question: does UCC govern consumer-2-consumer transactions (I am a non-merchant, non-business entity)? What are my options? Possible outcomes? How much in legal fees am I looking at to fight this? Where is the jurisdiction? Can I be found liable for fraud? Should I try to settle? I am willing to send the buyer $1000 to settle the case (he can keep the watch). Recommended course of action? Is it worth it to fight?


Asked on 6/24/03, 8:45 pm

1 Answer from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: threat of lawsuit re ebay transaction

The UCC does apply. It's not fraud if you were sincerely unaware that it was a fake. Even if it's not fraud, if it's not a Rolex, you'll probably loose.

I would offer to settle the case by sending $1000 now and another $50 per month for 12 months or something.

You would probably be subject to jurisdiction in Ohio and that will make things more complicated and expensive for you.

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Answered on 6/24/03, 10:46 pm


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