Taz Devil

Kev....I do agree, and do see your point. However, per Ebay policy it is not permitted to knowningly misrepresent an item. That is exactly what the seller is trying not to do. In his auction description of the item, he is stating the item is in perfect working order. However, after reviewing the item closer he noticed a defect. If he were to sell the product after knowing the defect, then there would be recourse against him because he is misrepresenting the item. The seller, in my opinion, did the right thing by refunding the buyer's money after noticing a defect. Now...if it's a shady deal, then ethically it is wrong, but because of Ebay's policies the seller has done his part. It would be nice to see Ebay impliment something to prevent this type of situation, because it does happen quite often unfortunately, but I see it as almost impossible legally because of the red tape. ~ Taz

You sound like a reasonable man Freak, and I admire that. I would do business with you anytime! ~ Taz

Do I still have grounds to prosecute? OMG! First a little background on myself, so you know where I am coming from. I graduated from Harvard Law 8 years ago, and I have had my own practice here in Wisconsin for the past 6 years. I do both civil and criminal law. Okay...let's get to this issue. What do you presume are the grounds you have for a case? I see nothing personally. So you purchased an item on Ebay, never received it, but your money was refunded in full to you. At this point, the seller has no obligation to sell this item to you. You have paid for nothing! PERIOD! If you take a close look at Ebay's policies you will see that all of the forms that are there for you to fill out in cases of fraud are for items that you 1) paid for and never received, or 2) paid for, received the item, but the item was misrepresented. Here is the policy...just FYI. Under the Seller Non-performance policy, the following practices are not permitted: 1. Not delivering an item for which payment was accepted 2. Significantly misrepresenting an item by not meeting the terms and item descriptions that are outlined in the listing Even if the seller is doing something "under the table" as you say, which astounds me how many people automatically think this is a shady deal, you have NO CONTROL OVER THAT! Like I said, the seller has refunded the money to you, and any obligation to you ended at that point by you accepting the refund. And just a personal note on my part....how do you know that this wasn't an honest mistake anyway? Maybe it got poked/scratched while moving, or maybe a child damaged it while daddy wasn't looking. Who knows? Last time I looked I lived in the United States were individuals were innocent until proven guilty. It seems the judges in this room have just labeled this guy guilty, but whatever. Again...just my $.02. So unfortunately you have no case for the courts. You can leave negative feedback to the seller, but what's the point? Sure, the seller will have that scar on his Ebay feedback, but do you really think that is going to hinder his buying/selling on Ebay? Probably not. Plus, the seller will probably just send you negative feedback back, and then YOU have negative feedback on your rating. The choice, however, is yours. There's really no right answer to that one. Like I said in an earlier post, I would probably just chalk this one up to an Ebay learning experience, and let it go. Pressuring this guy is going to do no good because if this guy is at all smart, he knows that he has no obligation to you and the threatening emails will be pointless. Hope this helps, and if you would like....email me and I can answer any legal questions you have. And I won't even charge you! lol Don't hear that very often from a lawyer!!! Take care!

I think I found the Ebay auction you were talking about because its the only one for $225, and it ended on the 19th of February. It looks like it had to have been a Paypal payment that you made to this seller, so I would defintely request my money back (if he hasn't already refunded it). After that, I would just chalk it up to bad luck and move on. It would have been an awesome score to get that speaker for that great of a price, but like others have said...it sounds like someone spearheaded you with a great price. Can you really blame the seller though? I mean ethically it is wrong, but money does make the world go round afterall. Plus, the seller did have a high Ebay rating before this transaction, so I doubt that he has ever done anything like this in the past. Just my .02 though...take it for what it is worth.

Looks great....I like a nice, clean look to a system!

Very nice system...looks great!

Emailing Ebay is a waste of time. I have had to email Ebay on multiple occassions, and everytime nothing was resolved. I either just had to live with the product I got, or in some cases I just never received the product altogether. Consider yourself lucky if you just get your money back! And always remember...if it seems to good to be true...it probably is!

I agree...garage sales are great! Just look in your local paper, and see if any of the descriptions say "DVD's." If so, be sure to get there early, they tend to go pretty quickly. Otherwise, Ebay has always been good to me as well. Haven't had any problems.

The wife just balled at the end...good movie!

It was an excellent movie....one you have to watch a few times.

That's a nice desk! Nice job.