Legal Question in Consumer Law in Pennsylvania

Could I be in legal trouble?

I sold a rolex on ebay more than 3 months ago. I offered a 48hour inspecton and return policy. I received an email, stating that the watch looked great and that his wife would love it. I heard nothing else from him until now. His wife emailed me, and says that the watch is a fake and they want thier money back. I honestly believe that the watch I sold was a real rolex. I researched alot on the net about how to spot a fake, and particular things to look for in a real rolex. I am not an authorized rolex dealer. The watch in question was originally purchased on ebay as a gift to me. My problem is I cannot refund thier money now, because more than 3 months has passed and I have spent the money. I also am weary of accepting this fake watch back even if I could come up with the funds, because how can I be shure that the watch they would return to me would infact be the watch that I sent to them. They are threatening reporting me to the ic3. gov site, if I do not accept a return. They have already filed disputes with ebay and paypal and they were closed because they only allow up to 90 and 45 days to file a claim. I don't know if I should apply for a loan to pay them back $2,700. Can I be arrested for this, or should I not sweat it?


Asked on 9/25/06, 3:46 am

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Could I be in legal trouble?

You asked if you need refund money on a prior EBay sale of goods.

No. Private sales, unless stated otherwise, assume that the sale is "as is." Unless the seller is hiding a fact there is generally no right of recission. In order to prevail the other party would have to prove that you either knew or should have known (which is a very high standard) that the item was not authentic.

Preserve your research, don't make any changes to your computer that would get rid of records and wait and see what they do. You can't prevent them from suing but you can make certain they don't win.

You should ignore their communications. If you are sued engage counsel and s/he will know how to defend the matter.

Regards,

Roger Traversa

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Answered on 9/25/06, 10:43 am


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