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 INFOLAWYER Your Own Question

INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 50622
Experience:  Licensed attorney helping individuals and businesses
11313492
Type Your Legal Question Here...
INFOLAWYER is online now
A new question is answered every 9 seconds

If I purchased and paid for an item on Ebay but never received

Resolved Question:

If I purchased and paid for an item on Ebay but never received it....and the seller promised in an email to refund me what I paid if I did not receive the item from the post office within a specified time period...is this considered a legal contract. My seller is reneging on his promises and is claiming I received the item when I truly did not.
Submitted: 3 years ago.
Category: Legal
Expert:  INFOLAWYER replied 3 years ago.

INFOLAWYER :

You have a contract here

INFOLAWYER :

so if one side did not perform

INFOLAWYER :

you have a right to a refund in full

INFOLAWYER :

if you paid by credit card, consider challenging it on your credit card as a chargeback

INFOLAWYER :

ebay can also often step in and refund on receiving complaint or pursue the seller for you

Customer:

I paid for it with paypal.

INFOLAWYER :

If sizable amount, small claims court is yet another option.

INFOLAWYER :

You may want to contact them further about seeking to recover

INFOLAWYER :

but otherwise lawsuit in small claims is an option

Customer:

He claims he has proof I received the item, but I never signed for anything and the tracking shows the item was delivered and signed for by another person who is located in another county in my state. He has started threatening me by saying he is going to contact the postmaster general and the sheriff's dept in the county where the tracking sticker was wanded in. He also said he is going to file a small claim. The thing is he paid for insurance to mail it, and has my money for the item. He also stated in his last email that postal fraud can result in jail and/or fines. This was very intimidating to me as I am a retired Federal worker and have nver even gotten a speeding ticket.

INFOLAWYER :

That is evidence in your favor

INFOLAWYER :

he has to show YOU got it

INFOLAWYER :

the documents you mentioned show otherwise

INFOLAWYER :

It is not a criminal matter, but a civil lawsuit is the proper recourse

Customer:

You think he is just intimidating me to see if I 'fess' my sin"? Like a bully?

INFOLAWYER :

It is baseless and seeks to intimidate only

Customer:

What is considered a large amount. I paid $219.95 for the item. Would it be worth it? It just cost me more for your time too.

INFOLAWYER :

Suing in small claims court can be done without a lawyer

INFOLAWYER :

people usually dont sue over this amount though

INFOLAWYER :

since it takes time

INFOLAWYER :

this is especially so if the other side is in another state

Customer:

Ok. The same holds true for him. I am first going to go thru EBAY's resolution system. However, I have seen web sites where people are complaining they might not carry through with a refund for someone with a substantiated claim.

INFOLAWYER :

That is your best recourse

Customer:

Ok. I think you have answered my question. Thanks.

INFOLAWYER :

suing is an option but as we discussed may not be worth time and effort

INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 50622
Experience: Licensed attorney helping individuals and businesses
INFOLAWYER and 13 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions