e bay disputed sale

[moz1953]

in good faith i sold an autographed, by a very famous star, 45rpm single on ebay ( i worked at his record company and was given it by a co-worker so i know it to be genuine ) when the buyer received it - HE deemed it to be a fake and,without any proof to me, says he has sent it to one of those " authentication "
companies who said they couldn't verify it for certification, i checked with the company and they do NOT ask from whom, where or when it was obtained - so, to save their own bacon, i repeat did not say they could guarantee it be genuine nor did they say that it is a fake.

after various e-mails, increasingly hostile, the guy is now threatening to sue me even though both e-bay and paypal have approved the sale, i live in the UK he lives in the US - do i need to worry about his threat of a lawsuit ? very many thanks for any response

[Greedyfly]

I would contact EBAY direct via phone and discuss with them what has gone on.

Did you offer the customer a refund?

[moz1953]

no i did not offer a refund and that was clearly stated on the ebay sales page and i gave 10% to charity from the sale, he questioned my integrity and honesty, whereas i have had no problems with well over a hundred other sales on ebay, i have spoken with both ebay and paypal and they consider the matter closed, thanks for your time - much appreciated

[Greedyfly]

I understand your frustration, some ebayers are total idiots. I have had to deal with a fair few hundred myself. But in the interest of saving yourself trouble and bad feedback it might be worth offering the refund to him in exchange for the goods back.

Hopefully he will just let it be then. As long as you have Ebay on your side (which sounds like you do) you should be fine. Hope it turns out ok.

[moz1953]

a few hundred ? no i'm not refunding him - it's gone to far for that. i need a lawyer to tell me if how you can sue somebody across the pond - the phrase " caveat emptor " springs to mind

[Greedyfly]

As said before. If you have ebay on your side the buyer has no leg to stand on and there for cannot sue you. End of.

[moz1953]

for sure ebay and paypal have approved the sale - it was feb 6 - well past their 45 day cut-off point - many thanks for all your time

[Greedyfly]

agreed with Eddie. There are too many Ebay idiots who get away with it!

[moz1953]

once again my thanks for your time and consideration - he must be barking mad - how much do american lawyers cost to chase $300 ?

[Greedyfly]

lol indeed. As Eddie says it's more likely just a threat to see what he can get from you. Some people are very dishonest!

[moz1953]

i will just ignore his e-mails and see what develops - thanks

[zimmer]

Not nice

[joko]

if you have evidence that you used to work there - photos, payslips etc...even written note from the person who obtained it, i doubt any court would doubt you...even if he was to sue

the onus is on him to prove its fake, not for you to prove its not - he should have asked for proof before hand...

if he does ened up returning it, be careful its the on eyou sent, not his own fake...

[moz1953]

thanks guys - at the time of the sale i provided, via a jpeg, my full record company photo ID card + i've also sold 2 other autographed items without any bother - it can't be a coincidence that it's always americans who give you grief or don't bother to leave feedback on ebay - which to me just means " thanks i got your item safely "

[boxtops]

moz, there was a similar post the other day where a buyer was dissatisfied but couldn't send the item back. I must admit that in the interests of harmony I refund as long as the item is returned in the condition I sent it - but it's not often. As you say he should have complained with the dispute period but didn't - so he hasn't got a leg to stand on, he accepted the sale and paid for it. For what is the buyer threatening to sue you, misrepresentation? He bought it in good faith, you sold it in good faith.

[boxtops]

Eddie I had something like that with a piece of glassware I sold to the States - but the buyer did have the decency to email me a photo of the breakage (and I could see that it was my item) so I refunded him.