eBay purchase with incorrect product description
March 1, 2013 | 40,00 EUR | answered by Bernhard Müller
eBay purchase: from a private seller, I am a business seller. The product was described as functional. However, it was defective. The seller acknowledged this and agreed to send a replacement, but when I returned the device, it was damaged in transit. Now the seller refuses to send a replacement or accept a settlement for 50%. Due to the incorrect description of "functional" and the promise of a replacement, I expect compensation. The seller is no longer responding. The price was 242€. Can a lawyer put pressure on the seller? What are the prospects in a legal process? Correspondence via email and the original eBay listing are available as evidence.
Dear questioner,
A lawyer can exert pressure by calculating for the seller that a legal proceeding will cost at least 253.50 euros + expert fees.
Your chances of success in a lawsuit are good if you can prove that the device was not functional when you received it. The correspondence on eBay only proves that you claimed to the seller that it was not functional when it arrived at your place. Under this condition, the seller has promised a replacement device.
To prove that it was actually not functional when it arrived at your place, you need further evidence. These could be witnesses who were present when you unpacked the device and checked its functionality.
It could also be an expert who examines the device to determine if it was operational before the transport damage. However, such expert opinions are very expensive, and I cannot tell you exactly how much such a report would cost. You would have to advance the money for the expert opinion as well as court and lawyer fees.
The party that loses the lawsuit would then have to pay everything. This would likely be the seller if you can prove that the device was not operational when it arrived at your place. If you fail to prove this, you would lose the lawsuit.
If you file a lawsuit against the seller, you should also inform the transport company of the dispute. This ensures that the court's findings apply not only to your relationship with the seller but also to your relationship with the transport company.
It is also important to note that winning a lawsuit does not guarantee that the seller has enough assets for enforcement. If the seller is broke, you will still be left with the costs even after winning the lawsuit.
I hope my response was helpful to you.
Sincerely,
Bernhard Müller, Attorney
