How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask CrimDefense Your Own Question
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23414
Experience:  9+ years defending Misdemeanor and Felony cases.
Type Your Criminal Law Question Here...
CrimDefense is online now
A new question is answered every 9 seconds

I have a question about selling an eBay item for my son. I

This answer was rated:

I have a question about selling an eBay item for my son. I listed an watch online for my son. It sold for 3000. My son sent out the watch he lives in another state. When the buyer received the item he claims there was no watch inside. My son used USPS and insured the item. Now the man wants a refund. I believe this buyer pocketed the watch and is trying to get a refund for free. Since it was sold under my eBay account what liability even though it is my sons watch can happen to me?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good evening. Have you spoken with your son about filing an insurance claim?
Customer: replied 3 years ago.
Yes he is with USPS but he bought the watch 5 years ago. He's trying to get a receipt from the purchase. But if he should not be able to get an invoice for the USPS what can we do?
Thank you for the additional information. The sale was under your account and the agreement for the purchase and delivery of the watch was between you and the buyer. Your son was not a know party to the buyer, so he can not likely go after your son. He would likely sue you, if he wanted to try and recover for the damages suffered, if he paid for the watch and never received it or he could file a police report and allow them to investigate. If this happens, your son would likely have to get involved, since he was the sender and placed the watch in the UPS package. At the same time, it is certainly possible an employee or someone else removed the watch from the package and stole it, resealing it with nothing inside. This man should make a claim to support the insurance claim you son is trying to file, which could make him whole, in the event he is telling the truth.
Customer: replied 3 years ago.
The man who claims he had no watch first closed the case. Then opened another case saying the watch is not as described meaning to me he has the watch but it was not as described. Then he closed that case and said oh yeah sorry there is no watch. I mean he sounds like a scam artist. When he bought the watch it took forever for his funds to clear and when it did we sent the watch. On that day he sends an email after the watch was sent wanting his money back. I am sorry it sounds fishy to me. That is why I don't think he would open a claim on his end he wants a quick no legal refund.
Yes, it does sound odd that he claimed the watch was not as described and then changed his claim saying the watch was missing. It is very possible that he is trying to scam you for a refund and you have no obligation to give him any money back if your son said he placed it in the UPS package and it was delivered. You can certainly dispute any claim he may make with Ebay and if he escalates the matter, defend it as needed. Seeing how it was under your account and you were the actual seller, the liability and responsibility would call on you to handle this. Your son could always cooperate and help you out but it ultimately comes down to you, since that is who the sale was with.
Customer: replied 3 years ago.
See the problem is he said she said. He's saying it was not in there. My son says yes it was in there. Who determines the liar and honest party.
It would be the Judge or Jury deciding the case. Your son would need to appear and testify as a witness on your behalf, saying that he placed the watch in the package and it was sent. Moreover, you could introduce into evidence the emails where he claims the watch was different then what was sold and then change his story, along with your course of dealing with him, to show something was fishy.
Customer: replied 3 years ago.
If a case happened the buyer is in another state would we have to fly their I order for the case I go through
You could certainly challenge the jurisdiction of the court and seek to have the case moved to the State and County where you reside, as the Defendant. The transaction took place over the internet and if he wanted to sue you, it would likely have to be where you reside.
CrimDefense and 2 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
Thanks for everything we appreciate the help.

Related Criminal Law Questions