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  1. #1

    Default Really Need Help with a Fraud Situation with Paypal and Ebay

    My question involves a consumer law issue in the State of: KS

    I REALLY hope someone here will be willing to help me! In 1/2020, I sold a piece of construction equipment on ebay. It was CLEARLY noted in the listing that the machine is complete but engine needs and and does not run. It was listed as "pick up only". It was also CLEARLY written in my description that any buyer should contact me BEFORE bidding to discuss the machine, loading, etc. the buyer never contacted before buying but after purchase contacted me within days wanting to "come work on it and try to make it run". I informed that I am not covered for such liability and it just needs picked up. He said he would be coming within the next couple weeks and would let me know. This happened a couple times, but he never once made a plan to come get it.

    As asked several times to be advised 'how' the machine was going to be loaded and transported. He never answered. This is a very heavy machine and I don't want shady, unsafe stuff going on to get it loaded. I also don't want my place torn up.

    he contacted just days ago saying he could come get it within the next couple weeks and asked for a phone number. I gave him that and again advised that I just need to know how it will be removed. Then today I get a paypal dispute and apparently he filed a chargeback through his card company so paypal says they are "excluded from the situation"....

    I talked with ebay and they indicate listings are removed from their system after 90 days so of course all I have now our message communications, which CLEARLY indicate he knows good and well he is to come get this machine.

    Ebay was zero help, and gave me a physical address to their legal dept and claims "they don't have a phone number"....lol

    To be honest, this deal smells very scammish to me. I have been storing the machine free for months, did everything I was to do, and even contact paypal after the transaction to ensure everything was legit and covered. I realize what is going to happen is the chargback will be approved, paypal will come after me.

    I could REALLY use some help guys! Not insults or negativity. I have had plenty of that from all these people I paid to sell my equipment. I want to get in touch with the card company directly and communicate with them on this. The breached his own contract and will get to walk off scott free, and I get hosed on this!

  2. #2
    Join Date
    Mar 2013
    Posts
    17,916

    Default Re: Really Need Help with a Fraud Situation with Paypal and Ebay

    You still have the machine, right?

    Nobody is responsible for the scam except the buyer. You need to understand that and there is nothing you can do against ebay or paypal.

    Before you can do anything against the buyer (like a breach of contract lawsuit) you will have to resell the machine and make reasonable efforts to sell it for the same price. If you have to take less due to changes in market conditions he owes you for whatever the difference is plus your costs.

    That's how contract law works.

    Next time you sell don't use ebay or paypal. Sell it locally on Craigslist, with a full explanation of the condition written in the ad so there are no mistakes or assumptions on the part of the buyer. Then, when somebody wants to buy it you take cash, on the spot, full amount, and only if the buyer shows up with a means to remove the equipment.

    Once you resell it you can decide if you want to pursue the first buyer.

    PS: Sellers on ebay are getting screwed like this all the time. Best to avoid it if you are a seller, especially of used equipment.

  3. #3
    Join Date
    Nov 2013
    Posts
    6,887

    Default Re: Really Need Help with a Fraud Situation with Paypal and Ebay

    What is this piece of equipment and what kind of money are we talking about?

    Have you read the PayPal FAQ on chargebacks on their support website? If not, I suggest you read about the process. The first thing is to answer the dispute.

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