buyer returning faulty item

[bo70four]

hello,

i sold a new/selaed item (pressure washer) that the buyer received some 4-5 weeks ago,

yesterday i randomly got a return item case stating the item is faulty with no previos messaging from the buyer.

they`ve ended up saying that the item was faulty from the start (leaking water from the main machine/connection to water pipe or something to that effect) so it sounds like they carried on using it.

the return was totally unexpected both with the amount of time past and the buyer not contacted me about any problem from the start etc, at the moment i can`t help feeling like i maybe being fobbed off slightly.....

what would happen if i get the item back and it either works or something seems untoward about it?

i did except the return and have sent a return label for them to post the item back (not exaclty cheap with the weight of the item)

but i`m wondering where i stand as the seller.

i can`t help thinking that you don`t really have a leg to stand on when you sell something even if it turns out to be a slightly suspect return or worse.

i have a private account and have a high amount of feedback but this is predominantly for purchases, i generally sell a handful of used items a year so i`m not exactly an experienced seller and i`ve not had a return case opened against me before as far as i can remember.

[1902elder]

Surprising that they were able to open a return case if it was 4-5 weeks since they received it. Personally, I would have refused the return on the basis that the item was not faulty on delivery, otherwise the buyer should have reported the fault then, and that you cannot be held responsible for a fault which may have developed later. No guarantee that you would win, and it might result in a defect if you didn't, but one won't damage your account.

[bo70four]

its not 4-5 weeks since they returned it, they received it that long ago and just opened a return case now.

but yes, i would have thought/expected a buyer to contact pretty much straight away with any problem,
i can`t help feeling that either they`ve got what use they needed out of it and now want their money back or broke it themselves or something.....either way it doesn`t seem like the buyer can lose.

[red_magpie]

i`m wondering where i stand as the seller.

Where you stand is explained in eBay's money back guarantee policy. If eBay can't determine that the item matched the description, they will find in favour of the buyer.

What this means in practice is that as eBay never even sees the item, and can't know what the buyer received, or what condition it was in, it's almost inevitable that they will support any buyer. As a further "encouragement" to sellers to accept the return, if a seller disputes it, and loses - which they will, they will then forfeit any return of fees and eBay will penalise them with a damaging defect on their account.

As for what happens if the seller claims that their item had been returned damaged, or even switched for a different one, it may not surprise you to know that many sellers complain that eBay has still made them refund the buyer.

EBay has become a very risky place to sell things.

[bo70four]

the item was new and sealed and if it arrived not in that state then i`m sure the buyer would of contacted about it upon arrival.
at the moment i am a bit worried what i`m going to receive when it does get back to me to be honest,
will just have to wait and see, but i do feel i`m being potentially slightly or totally conned in some way at the moment.

[rusticrye]

Ebay have no idea what you actually sent, or what condition it was in when sent, as they were not present when sent or received, so have no choice but to accept a buyer's word for it when they claim Not As Described, as per their Money Back Guarantee.  They cannot get into disputes between you and a buyer.  Only a judge can decide if a buyer is a liar or scammer.

You agreed to comply with the MBG when you registered your account. If you dig your heels in and refuse to refund on return, Ebay will force the refund. You will also have a damaging defect slapped on your account for failing to comply.

This may sound unfair, but it's the fairest it can possibly be.  The MBG is a very good thing (although you may not think that at present) as it gives buyers the confidence to shop with you and every other Ebay seller.  Without it, you'd be lucky to sell anything at all. In fact, without it, Ebay would no longer exist.

You will have to refund on receipt, and then report the buyer to Ebay for abusing the MBG by fraudulently claiming Not As Described (via the 'report' button on your ‘leave feedback’ page) if that is what they have done. A few of those from different sellers, and their account will soon be toast. And add their Ebay ID and PayPal email address to your Blocked Bidders List so they can’t darken your doorway again.

You can then deal with the buyer outside of Ebay as follows if necessary:

Send them a PayPal invoice to cover your losses, giving them 7 days to send cleared payment or you will be taking legal action and reporting them to Action Fraud (the police's online fraud unit).

If payment is not received within that timeframe, send them a 'before action' letter by Signed For post, giving them 7 days from receipt to make full and cleared payment, or you will report them to Action Fraud, and take them to Small Claims court to recover your money and all court and other costs.

If payment is still not received (unlikely, as this is generally enough to put the fear of god into small-time fraudsters), take them to Small Claims court if you wish.  Very easy to do, and the process can be started online.

@bo70four 

[bo70four]

thank you for the detailed reply,
i got the general feel that sellers arn`t very well protected it most cases and its the way it is and has to be to a fair extent but i would of thought that ebay could have come up with something better to help/protect a seller.
its just the amount of time that`s past with this item and no contact from the buyer at all, then a random return case arriving, their comment that it was "faulty from the start" hasn`t helped either, i can`t help but think that they may have got what use they wanted out of it or maybe broke it themselves or something and virtually nothing can be done about it.

[tsmgmd]

When people advise using small claims court they often fail to give the correct advice.

As a private seller your loss is not what you sold if for.

Your loss is the price you paid plus postage costs and fees.


You also are on dodgy ground as by your own admission you sold a new and sealed item so you have no proof whatsoever the unit was 100% without fault.
But you must remember once you open a claim you cannot sell the item again as you have sued someone for loss.

[bo70four]

i will probably just reluctantly/begrudgingly have to take it on the chin,
i may contact ebay about it but doing that i fear would be a waist of time and would be setting myself up for more stress/disappointment as everything looks to be in the buyers favour with ebay, even though initial instincts and how the buyers gone about it suggests somethings not quite right.