Sold him the NOKIA N93i cell phone its worth $600 bucks he bought it for $485 and is now whining that its used. why the heyl would i sell a brand new one for 485 when its actually 600.
and his last email to me was.. "i just talked to my lawyer, he said not to talk to you anymore, see you in court"
How long ago did you sell him the item? Were there any exchanges before his last e-mail? Immediately contacting a lawyer this early seems extreme. He's either full of **** and is trying to scare you or a nutjob to resort to contacting a laywer so quickly.
he won the bid on tuesday, paid on wednesday, i mailed it on thursday, he got this today. and apparently he called the lawyer today itself. its the first day he got the item.
I think he's just messing with you... trying to scare you. Just have him return the item, and refund him. Pay his return shipping...
Sounds like a douche to me. Especially when you offered to resolve the issue outside of court. Could be his douche lawyer telling him not to talk to you at all so it won't compramise his case (not to mention comprimising the lawyers business). Try reasoning with the guy if you haven't. What state are you in? Make sure you know your small claims laws in your state. I think here in California, you can't even have a lawer with you in court for small claims.
I'm in Houston, Texas. I'll see if we have a lawyer in the court for small claims. I'm tryin to resolve this matter. I told him that I'll refund him and everything. He hasnt responded yet. I'll wait until tomorrow and see if he replies. If not.. Mexico! here I come..
Don't do a thing. Caveat emptor. Besides, nobody gets a lawyer for a claim less than $500. The lawyer wouldn't go to court for less than that. Do you live in Texas? If so, I'd simply ignore him. Let him leave a bad comment on ebay. It's his only defense. Besides, civil suits are brought to make someone "whole." He bought sdmething at less than its actual value. As long as it works, he has no complaint. Chill out. He's being a little b****.
c'mon man, this guy is obviously full of ****... who in the hell goes through all the trouble of hiring an attorney for $485 only a few days after a transaction? no one, that's who. besdies, if it said Used and New in your auction i'm fairly certain he cant sue you for **** because he wouldn't have a case to begin with. he clearly didn't do his due diligence in confirming the condition of what you were selling, and that isn't your fault. and he definitely couldn't prove that you were purposely being deceitful nor that you were unwilling to rectify the situation as soon as it came up. let him leave you a negative comment and be done with him.
The going price for a like new phone is around that price. But I can see from the description why he'd be upset. http://cgi.ebay.com/Nokia-N93i-UNLO...ryZ64355QQssPageNameZWDVWQQrdZ1QQcmdZViewItem I assume since the transaction was that fast, paypal was used. If you have your cc tied to paypal, offer him a $40 refund, which you can do through paypal and it won't cost him or you a thing if you keep it tied to the transaction. And of course let him keep the phone - that would give him the 2nd cheapest purchase of that phone on ebay in the last 30 days. If you want to be the cheapest go $100. I had someone send me a used 360 when it said everywhere that it was new. I would have been semi-happy if she would have refunded some money to make it a used purchase instead of the new price I paid. But she stuck to her "it is new" guns. She lost in paypal but they could only offer me as much of the money that she hadn't spent if I paid to return the item to her. Yea - right. The cables were lose, the game seal was broken and the controller had the batteries installed - the Post Man must have had a blast. Well - one day she will have to account for her ripping others off and I don't think it will be worth the $50. [Edit]I have to say post of the day goes bobrek. LOL
The listing was inaccurate, so a refund is not too much to ask for. Crime, just bite the bullet, pay the guy for shipping (and hassle), and sell the phone again. It'll cost you a lot more to drive to Mexico than pay the shipping. Mention to the guy that you'd prefer to keep both of your feedback's on the up and up.
am I the only one who thinks the seller is an ass for putting new and used in the description. I mean refund the money, pay for his shipping and be done with him.
You would have been spared all this trouble if you hadn't been so lazy as to just copy another listing's product description for the same phone. That said, if I was looking to purchase something like this, and the (obviously copied) description was saying New, and the product information header said "condition:used", I would have emailed the seller.
Are there any scratches or dents or anything on the phone?? If so, then you're at much more fault than just putting New and Used. But, looking at it in another perspective if its scratch free, dent free, and everything else, you shouldn't be too worried.
Hopefully you haven't sent any e-mails trying to bargain with him, because that may actually make a court case possible. If you would have immediately sent him a message apologizing, telling him it was your fault, and offering a full refund, he would have absolutely no recourse at all. If you offered him full restitution, then a judge would almost certainly not proceed with a suit at all. But with you waffling, trying to make the buyer pay for your mistake, then you could very well have some issues. I still can't see a court wasting their time with this case, but I'm sure eBay will give you some kind of punishment.
He's full of crap. If he's going to bother flying down to Houston to bring a small claims case for that much money... hilarious. Offer him a refund (since you did screw up), if he doesn't take it, screw him.
