Legal Question in Business Law in Washington

sale

I sold a customer an laptop in another state than mine and shipped it to them and customer needed an additional part to the unit so he could use it for a special need, I thought I included the part but I did not so customer and I agreed I would get the aditional part for them for and I would cover the cost, I was ordering the part and a couple of days go by and customer now just wants to return unit for full refund, I explained we agreed I would produce the part but customer still wants his money back, I told him that we do not offer refunds but if he must then there is a 10% restocking fee and now he stated he wants to sue me and travel to my state to do so and also wants to sue me for his travel expenses. I explained that the customer put me in a position to order the part or I would replace the unit completely to their satisfaction but still customer wants full refund, unit was purchased and paid for through PayPal, paypal told customer it was buyer beware and they would not step in so now customer wants me to refund all, I told customer I have no obligation to refund any moeny and to accept my courtesy, Please help me and tell me if I am obligated.


Asked on 7/13/09, 10:11 am

1 Answer from Attorneys
Amir John Showrai The Pacific Law Firm, PLLC

Re: sale

I think this comes down to a question of what does your contract to sell state regarding refunds? Given that you were paid using PayPal, I'm guessing this is an eBay auction or sale, which means the terms of sale are on your auction listing.

Once I or any other lawyer could read through your contract or auction listing, we can adequately advise you whether you are liable in any way.

Sometimes though, this comes down to a situation where you have to ask yourself, "Is it worth it?" In other words, is it overall cheaper and less aggravating to just refund this guy his money without any restocking fees and eat your loss, or is it cheaper and less aggravating to fight him on this, pay for an attorney or lose your time fighting him? If financially and emotionally you feel it is all worth it, then you have your answer and should immediately seek counsel to review your case.

On a related note, if you are having trouble with this one person, it may benefit you long term to consult with an attorney on your sales contracts or auction listings to make sure they net you as little hassle or litigation as possible, since this situation may replicate itself down the road.

Good luck!

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Answered on 7/13/09, 5:55 pm


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