View Full Version : Can this guy take legal action against me?
Cicero
February 9th, 2013, 04:47 PM
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PinkFloyd
February 9th, 2013, 04:52 PM
You said that there were issues. It was his fault because he didn't read the whole thing. I mean you did sucker him out of some money, but it was legal. He can't take legal action.
CharlieHorse
February 9th, 2013, 04:55 PM
I would allow him to return it to you, but with a "restock fee", so that you get some money for dealing with his BS and he doesn't get a free service. Just to be nice.
But he can't take legal action against you because you stated already in the post about the damage.
Also I'm pretty sure that if he took it apart it voids the warranty.
Do you have a link to the eBay page of the ipad for sale?
Steve Jobs
February 9th, 2013, 04:59 PM
Eh. Restocking fee makes you sound like a Chinese ripoff reseller. The fact that you mentioned you weren't taking returns... you should've said "sold as-is" and state you are not taking responsibility. The fact he opened the iPad can spark debate about whether he damaged it further, intentionally or unintentionally. If he doesn't live locally, I don't think he can open the case within your area either.
I would take this to a local small claims court or even a sheriff's office and ask, especially if you feel threatened that this person may want to take unjustified or unfair action against you.
Cicero
February 9th, 2013, 04:59 PM
I would allow him to return it to you, but with a "restock fee", so that you get some money for dealing with his BS and he doesn't get a free service. Just to be nice.
But he can't take legal action against you because you stated already in the post about the damage.
Also I'm pretty sure that if he took it apart it voids the warranty.
Do you have a link to the eBay page of the ipad for sale?
Yeah but it would disclose to much about myself.
CharlieHorse
February 9th, 2013, 05:02 PM
Yeah but it would disclose to much about myself.
Oh ok.
Maybe you can post a copy of the text about the ipad? Or a screen shot so we can see exactly what the post said?
Cicero
February 9th, 2013, 05:09 PM
Oh ok.
Maybe you can post a copy of the text about the ipad? Or a screen shot so we can see exactly what the post said?
I put wat it said
Infidelitas
February 9th, 2013, 05:11 PM
If you disclosed in the listing ALL the damage, it is the buyers responsibility.
I suggest you do this when you sell used items on eBay: what I do is, I take photos of EVERYTHING next to the parcel I am sending it in. That way, if a buy says there is undisclosed damage, I can send them the pictures, proving its not my fault and that it was in good condition when I when I shipped it.
I also agree that it could have been worded 'As is, where is' rather than 'Returns not accepted', though, that shouldn't make too much difference.
Cicero
February 9th, 2013, 05:14 PM
I would allow him to return it to you, but with a "restock fee", so that you get some money for dealing with his BS and he doesn't get a free service. Just to be nice.
But he can't take legal action against you because you stated already in the post about the damage.
Also I'm pretty sure that if he took it apart it voids the warranty.
Do you have a link to the eBay page of the ipad for sale?
You said that there were issues. It was his fault because he didn't read the whole thing. I mean you did sucker him out of some money, but it was legal. He can't take legal action.
Eh. Restocking fee makes you sound like a Chinese ripoff reseller. The fact that you mentioned you weren't taking returns... you should've said "sold as-is" and state you are not taking responsibility. The fact he opened the iPad can spark debate about whether he damaged it further, intentionally or unintentionally. If he doesn't live locally, I don't think he can open the case within your area either.
I would take this to a local small claims court or even a sheriff's office and ask, especially if you feel threatened that this person may want to take unjustified or unfair action against you.
If you disclosed in the listing ALL the damage, it is the buyers responsibility.
I suggest you do this when you sell used items on eBay: what I do is, I take photos of EVERYTHING next to the parcel I am sending it in. That way, if a buy says there is undisclosed damage, I can send them the pictures, proving its not my fault and that it was in good condition when I when I shipped it.
I also agree that it could have been worded 'As is, where is' rather than 'Returns not accepted', though, that shouldn't make too much difference.
So if I lose, can I charge him for removing the iPad screen? Is charging him $110 reasonable?
Infidelitas
February 9th, 2013, 05:19 PM
So if I lose, can I charge him for removing the iPad screen? Is charging him $110 reasonable?
Just say something like 'You removed the screen. Your options are: You can send it back for $XXX, or you can keep it in the condition it's in.'
Be careful how you word it. If he wanted a refund, he shouldn't have removed the screen.
As I said, if you disclose the exact condition in the listing, you don't have to do anything.
And there's are fair chance you'll win, but you might not.
Steve Jobs
February 9th, 2013, 05:35 PM
You have evidence that he's removed the screen. He has no evidence that the iPad arrived to him in its state (and also evidence that your initial auction post stated the state of the iPad)
Technically, you can use this against him. If he demanded a return, it should have been returned in its original state. Once he's tampered with it, he has no proof that it had been done intentionally only to get his money back and land you with an even more busted iPad.
Refuse any offer.
Rayquaza
February 10th, 2013, 08:50 AM
I think he should take court action. I don't think you're telling the truth here.
In this thread, you said it DID have water damage. http://www.virtualteen.org/forums/showthread.php?t=165720
So my old iPad 2 screen is broke, and it won't touch. Apparently it has water damage. So what's a good online service I can have fix my iPads screen as well as the part that registers touches?
What are the parts that I need fixed, the technical name that I can say? So both the screen is cracked, and the part that registers the touching. Water got inside it so the part that is the touch pad doesn't work.
Also, my ipad does turn on, and some parts of the screen do work.
You also worded the auction wrongly; "Works good, the iPad software is up to date and is ready for using, charged battery"; by saying that you're pretty much inferring that it's in acceptable condition. I feel sorry for the person that bought it, and they have every right to do justice against what happened. Also, what evidence do you have that he opened the screen? In small claims court, that would be considered acceptable if it turned out the iPad did, (along with pictures).
You withheld information by not stating the water damage, and you should have as everyone is aware that Apple do not replace water-damaged devices without a large fee.
HunterSteele
February 10th, 2013, 11:29 PM
The OP has been blanked. But based on what I see in the topic, I see you sold an iPad which the buyer is dissatisfied with and claims you listed it inaccurately.
Seeing as you removed the contents of your post, and in a previous topic you reported you have sold damaged iPods for outrageous prices on eBay before, I'm guessing the buyer is right. I'm not sure how this didn't happen with the previous damaged devices you sold, because I doubt someone happily paid $100 for a smashed up iPod.
Scamming people on eBay isn't OK. Can he take legal action? Sure. Have you seen the episode of Judge Judy with the eBay scammer (http://www.youtube.com/watch?v=d_ozoljMhgQ)? If you're worried about it, you should've thought of that before you started ripping people off.
He can't take legal action.Yes he can. Anyone can always take legal action. It's who'll win that matters.
PinkFloyd
February 10th, 2013, 11:45 PM
The OP has been blanked. But based on what I see in the topic, I see you sold an iPad which the buyer is dissatisfied with and claims you listed it inaccurately.
Seeing as you removed the contents of your post, and in a previous topic you reported you have sold damaged iPods for outrageous prices on eBay before, I'm guessing the buyer is right. I'm not sure how this didn't happen with the previous damaged devices you sold, because I doubt someone happily paid $100 for a smashed up iPod.
Scamming people on eBay isn't OK. Can he take legal action? Sure. Have you seen the episode of Judge Judy with the eBay scammer (http://www.youtube.com/watch?v=d_ozoljMhgQ)? If you're worried about it, you should've thought of that before you started ripping people off.
Yes he can. Anyone can always take legal action. It's who'll win that matters.
Oh yeah I just mis phrased it.
Cicero
February 11th, 2013, 12:48 AM
The OP has been blanked. But based on what I see in the topic, I see you sold an iPad which the buyer is dissatisfied with and claims you listed it inaccurately.
Seeing as you removed the contents of your post, and in a previous topic you reported you have sold damaged iPods for outrageous prices on eBay before, I'm guessing the buyer is right. I'm not sure how this didn't happen with the previous damaged devices you sold, because I doubt someone happily paid $100 for a smashed up iPod.
Scamming people on eBay isn't OK. Can he take legal action? Sure. Have you seen the episode of Judge Judy with the eBay scammer (http://www.youtube.com/watch?v=d_ozoljMhgQ)? If you're worried about it, you should've thought of that before you started ripping people off.
Yes he can. Anyone can always take legal action. It's who'll win that matters.
The only thing that I might've not listed is water damage, he claims has water damage. But if an iPad had water damage, there wouldn't be parts of the screen that works. I'm not an eBay scammer because I wrote all the bad things on the page, it's his fault he didn't read the whole page. And I never sold an iPod for $100. There was one severely cracked iPod I sold for $95 and another I sold for $80. That video you posted related NOTHING to my issue. I sent him a working iPad, that had some parts not working. I didn't lie, and I didn't sugar coat it. I specifically said that some parts did not work in cap letters.
I wasn't like that lady one ounce. It's his fault he didn't read the entire page.
Rayquaza
February 11th, 2013, 02:37 AM
The only thing that I might've not listed is water damage, he claims has water damage. But if an iPad had water damage, there wouldn't be parts of the screen that works. I'm not an eBay scammer because I wrote all the bad things on the page, it's his fault he didn't read the whole page. And I never sold an iPod for $100. There was one severely cracked iPod I sold for $95 and another I sold for $80. That video you posted related NOTHING to my issue. I sent him a working iPad, that had some parts not working. I didn't lie, and I didn't sugar coat it. I specifically said that some parts did not work in cap letters.
I wasn't like that lady one ounce. It's his fault he didn't read the entire page.
On the contrary, if an iDevice has water damage there is a higher chance the entire device will fail. That's how Apple works. That's how Apple always works. There is no justification why you have clearly not stated such a large flaw and pretty much scammed the guy. Oh, and any reason why you have decided to delete your original post?
Axw_JD
February 11th, 2013, 03:03 AM
I'm gonna chip in and say that WATER damage on an ELECTRONIC device is a pretty damn big issue. If you "forgot" to list it, well, you did wrong and the guy very well deserves to get his money back.
Cicero
February 11th, 2013, 03:11 AM
On the contrary, if an iDevice has water damage there is a higher chance the entire device will fail. That's how Apple works. That's how Apple always works. There is no justification why you have clearly not stated such a large flaw and pretty much scammed the guy. Oh, and any reason why you have decided to delete your original post?
Well the whole device didn't fail. Parts of the screen did in fact work. And I deleted cause I got the answers and I didn't want anyone to finding cause its not a usual case on eBay. There were parts of the screen that worked.
Rayquaza
February 11th, 2013, 08:29 AM
Well the whole device didn't fail. Parts of the screen did in fact work. And I deleted cause I got the answers and I didn't want anyone to finding cause its not a usual case on eBay. There were parts of the screen that worked.
You made it seem like the device was usable by saying that its ready out of the box. On an iDevice, it is very obvious that the screen is pretty much the entire control. Parts of the screen not working is just as bad as the entire screen not working. But even then I am doubtful of that as the hardware used in capacitive touchscreens is usually all-or-nothing unless smashed. I hope that person does take legal action and gets everything he deserves.
Cicero
February 11th, 2013, 11:21 AM
You made it seem like the device was usable by saying that its ready out of the box. On an iDevice, it is very obvious that the screen is pretty much the entire control. Parts of the screen not working is just as bad as the entire screen not working. But even then I am doubtful of that as the hardware used in capacitive touchscreens is usually all-or-nothing unless smashed. I hope that person does take legal action and gets everything he deserves.
He's the one who decided to buy it knowing that parts of the screen did not work and its my fault? Hmm, that's weird logic.
Rayquaza
February 11th, 2013, 11:38 AM
He's the one who decided to buy it knowing that parts of the screen did not work and its my fault? Hmm, that's weird logic.
No, you're completely missing my point and choosing to read what you want to as always, and thank you very much for the neg rep, considering I received more than what you deducted on that exact same post.
You cannot speak for the person as he may not have seen right at the bottom, with scrolling (your words, not mine). Not only that, he paid for an item that WAS NOT WATER DAMAGED. Do you get my drift or do I need to simplify it further for you? You have completely missed off the fact that I said that the entire iPad can fail. You have completely missed off the fact that you made it seem like it was working with the description and you have completely missed the fact that he is allowed to look inside the iPad to check for water damage. If I were you I'd strongly listen to what I'm saying and stop making yourself look ignorant. He has a right to file a claim and win. You have no defense against this. You made a thread asking for peoples opinions and you have received mine, you cannot completely ignore it, because at the end of the day, you sir, have withheld information for this product which was a rather large flaw, as well as give off the wrong impression on a product, implying it was working when it was indeed not, as backed up by your previous thread.
HunterSteele
February 11th, 2013, 01:46 PM
I sent him a working iPad, that had some parts not working.
That is not a working iPad.
On the contrary, if an iDevice has water damage there is a higher chance the entire device will fail. That's how Apple works. That's how Apple always works.
That's not just how Apple devices work, that's how all electronics work. If it got wet, it probably won't work for long.
That video you posted related NOTHING to my issue.
Maybe not, but it sure was funny.
And I never sold an iPod for $100. There was one severely cracked iPod I sold for $95 and another I sold for $80.
I couldn't remember the exact number so I wrote $100. Either way, it was too much.
ImCoolBeans
February 11th, 2013, 07:16 PM
The OP edited out his post... :locked:
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