Legal Question in Civil Litigation in Oregon

eBay user defrauded me into sending a product for free

I purchased an item from a garage sale. I resold it on eBay as ''authentic'' because I believed it was. The buyer paid, so I shipped it to him. While in transit, the buyer filed a dispute with the payment company and the payment was put on hold. Since I no longer had payment, I tried to reverse the package enroute. The shipping company said that it would be reversed, then it got loaded on a truck for deliver to the buyer. I was able to catch it and call them to get them to return it to me and not deliver it. They said that it would be returned. Two days later it was delivered to the buyer. Now the buyer (who didn't pay) has the product and the money. He also claims the item is a counterfeit (which may be true). He refuses to send the item back or even to allow me to arrange to have it returned. My concern is that if I take further legal action, what should it be? And if I take further legal action, how much risk am I taking that he will try to pin me with selling a counterfeit product, if it is in fact counterfeit?


Asked on 3/15/05, 11:20 pm

1 Answer from Attorneys
Sam Hochberg Sam Hochberg & Associates

Re: eBay user defrauded me into sending a product for free

Well YOU'RE in a bit of a pickle! Tell me -- first off, did you use PayPal? I THINK they carry some sort of insurance for that. Second, have you contacted EBay DIRECTLY? They should at least tell you what is the most likely course of action for you. I'm awfully sure this has happened before, so EBay MIGHT have some sort of protocol to deal with this, or at least have suggestions.

Do we know if the purchaser was a "regular" on Ebay? I know you can look up what the buyer had been up to previously. They get "ratings", as you probably know.

MOST important: How much MONEY are we talking about? IE, how much did you pay for it at the garage sale, and how much did you (try to) sell it for? Your course of action may depend on how cost-effective any given course of action might be. Good luck!

Sam

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Answered on 3/16/05, 1:12 am


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