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Buyer Returned Item Not As Described, Seller Claims Damaged Upon Return Blames Buyer

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  • Buyer Returned Item Not As Described, Seller Claims Damaged Upon Return Blames Buyer

    What happens if a buyer receives an item that is not as described and appears to have been damaged during shipping...And then the seller agrees to accept a return and issue a refund upon receiving the item....But then when the seller receives the item, he claims damages onto the buyer?

    Essentially, I bought an item and it arrived in not working condition and appeared to have been damaged during shipping, as it was packaged poorly by the seller. I informed the seller about the problem and requested a refund. I also suggested that he file a claim with USPS for damages, and I offered to let them come and inspect it. He was not interested in that, and instead offered to give me a refund if I returned the item in the condition it was in.

    So I did, and I did it through an open case on ebay, where I provided tracking info and confirmation of delivery.

    However, now he got the item back and is trying to blame me for the damages, saying it is damaged even more than I described.

    Could ebay decide in his favor?

    They put the case on hold to allow him to submit pictures before and after, whereas I have no pictures. I contacted ebay several times before returning it to make sure I had done everything by the book, and they never said I needed pictures to prove anything and qualify for buyers protection refund. They said to just return it and provide tracking info, and once he signs for it, I would get a refund through buyer protection if he refused to give me one.
    Last edited by ldys; 03-07-2013, 08:18 PM.

  • #2
    Generally Ebay rules in favor of the buyer in disputes where the issue is non-receipt, if the seller is unable to prove delivery with tracking.

    But in situations such as you describe, could go either way. As a seller I once sold something where exactly this happened, but I just agreed to re-sell the item, refund in full. I relisted and documented the damage in the new listing. Since it was a very expensive item, I ended up getting pretty much the same sales price during the relisting.

    Let us know how this turns out for you.
    Please read the forum rules before you post.

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