Legal Question in Consumer Law in Texas

sold an item to a person in NYC in March of this year. He paid for it through Paypal. He received the item and said that it had been damaged in transit and could not be used. He requested a refund. I sent him a refund 3 days after he had received the item. He said they could not be used so he would toss them,

I did not hear from him until 4.26. He sent a text saying that he had the item repaired for $70.00 and that he was going to sell it on ebay and split the profits with me minus the $70.00. He was refunded $125.00, the price he paid for the item. I spent $33.00 to ship. I am out $143.00 and do not have my item in my possesstion.

I feel that I have beed duped and why should I pay for the repair work when he was refunded all of his money. I sent him an email yesterday asking if he put it on ebay yet. I have not heard from him. I think that he sold the item privately and kept all the money incudling mine.

To me this is illegal. Am I right and what recourse do I have?

thankyou


Asked on 5/07/12, 3:30 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Your best recourse is to "ding" him on ebay - make an ebay complaint against him. That will hurt him more than you ever could trying to cross state lines to sue him.

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Answered on 5/09/12, 6:37 am


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